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SILVER ENGINEERING WORKS, INC. v. SIMMONS

No. C-229.

505 P.2d 966 (1973)

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

Supreme Court of Colorado, En Banc.

Rehearing Denied February 13, 1973.

Attorney(s) appearing for the Case

Hemminger, McKendree, Vamos & Elliott, P. C., James E. Elliott, Jr., Richard D. Greengard, Denver, for petitioners.

John H. Williamson, Denver, for respondents Simmons and Whitmer.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for Industrial Comm. of Colo. and Director of the Dept. of Labor.

HODGES, Justice.

This is a workmen's compensation case in which the Colorado Court of Appeals in Silver Engineering Works, Inc. v. Simmons, 30 Colo.App. 396, 495 P.2d 246 held that a deceased employee met his death under circumstances which made it compensable under terms of the Workmen's Compensation Act. C.R.S.1963, 81-13-2, requires that the injury or death of an employee must arise out of and in the course of employment before...

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