UNION CARBIDE CORP. v. INDUS. COMMISSION

No. 77-437.

573 P.2d 938 (1977)

UNION CARBIDE CORPORATION, Employer, and State Compensation Insurance Fund, Insurer, Petitioners, v. The INDUSTRIAL COMMISSION of Colorado and Juereta P. Smith, its Director, Climax Uranium Corporation, Employer, and Claimants in the matter of the Death of Roy Benally, Respondents.

Colorado Court of Appeals, Division I.

Rehearing Denied November 17, 1977.

Certiorari Granted January 23, 1978.


Attorney(s) appearing for the Case

Nelson, Hoskin, Groves & Prinster, P. C., William H. Nelson, Gregg K. Kampf, Grand Junction, for petitioners.

Robert S. Ferguson, Denver, for State Petitioner State Compensation Ins. Fund.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John Kezer, Asst. Atty. Gen., Denver, for respondent Industrial Commission of the State of Colorado and Juereta P. Smith, Its Director.

Traylor, Palo, Cowan & Arnold, Charles J. Traylor, David L. McKinley, Grand Junction, for respondent Climax Uranium Corp.


COYTE, Judge.

Union Carbide Corporation and its insurer, petitioners, seek review of an order of the Industrial Commission awarding death benefits of $7,500, the maximum statutory amount, plus interest from the date the claim was filed. The award was premised on the finding that Union Carbide was the last employer in whose employment the decedent was last injuriously exposed to harmful levels of radiation. We affirm as to the $7,500 but reverse as to the interest...

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