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SILVER ENGINEERING WORKS, INC. v. SIMMONS

No. 71-369.

495 P.2d 246 (1972)

SILVER ENGINEERING WORKS, INC., and the Travelers Insurance Company, Petitioners-Appellants, v. Martha L. SIMMONS, formerly Martha L. Whitmer, et al., Respondents-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 29, 1972.

Certiorari Granted April 10, 1972.

Attorney(s) appearing for the Case

Hemminger, McKendree, Vamos & Elliott, James Elliott, Jr., Denver, for petitioners-appellants.

John H. Williamson, Denver, for respondents-appellees, Martha L. Simmons, Julie Mae Whitmer, Arlene Gay Whitmer and Nancy Kay Whitmer.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for respondent-appellee, Industrial Commission of Colo.

Selected for Official Publication.

ENOCH, Judge.

This is an appeal from a final order of the Industrial Commission of Colorado awarding benefits to claimants as a result of the death of Alden D. Whitmer. The principal issue presented is whether Whitmer was within the coverage afforded by C.R.S. 1963, 81-11-6, at the time of his death. Alden Whitmer will be referred to as decedent; his employer, Silver Engineering Works, Inc., will be referred to as employer...

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