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BERRY CONST., INC. v. INDUSTRIAL COMMISSION

No. 76-598.

567 P.2d 806 (1977)

BERRY CONSTRUCTION, INC., and American Employers Insurance Company, Petitioners, v. The INDUSTRIAL COMMISSION of Colorado, Juereta P. Smith, Director, Colorado Division of Labor, and Claimants in the Matter of the Death of Joe Gillit, Respondents.

Colorado Court of Appeals, Division III.

Rehearing Denied May 19, 1977.

Certiorari Denied August 15, 1977.

Attorney(s) appearing for the Case

Sheldon, Bayer, McLean & Glasman, P.C., Richard H. Glasman, Denver, for petitioners.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John Kezer, Asst. Atty. Gen., Denver, for respondent Industrial Commission of the State of Colorado.

Frickey, Cairns & Wylder, P.C., Earl S. Wylder, Denver, for claimants-respondents.

PIERCE, Judge.

Petitioners, an employer and its workmen's compensation insurer, seek review of an order of the Industrial Commission denying their motion to suspend permanently support payments to the dependents of Eddie Joe Gillit, deceased. We set aside the order, and remand for further proceedings.

Eddie Joe Gillit was killed when the company truck he was driving collided with a vehicle driven by a third-party. His wife, Barbara Ann Gillit, filed an election...

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