VANADIUM CORP. OF AMERICA v. DEATH OF GARNER

No. 76-671.

565 P.2d 964 (1977)

VANADIUM CORPORATION OF AMERICA et al., and State Compensation Insurance Fund, Petitioners, v. Claimants in the Matter of the DEATH OF Douglas GARNER, and Industrial Commission of Colorado, Respondents.

Colorado Court of Appeals, Div. 1.

Rehearing Denied April 21, 1977.

Certiorari Granted June 20, 1977.


Attorney(s) appearing for the Case

Robert S. Ferguson, James A. May, William J. Baum, Denver, for petitioners.

Traylor, Palo, Cowan & Arnold, Charles J. Traylor, Grand Junction, for respondents, Claimants in the Matter of the Death of Douglas Garner.

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 Colorado.


COYTE, Judge.

In this workmen's compensation proceeding, petitioners Skidmore Mining Company and the State Compensation Insurance Fund seek review of an order awarding benefits to the claimants of the deceased employee, Douglas Garner. We set aside the order.

The decedent was employed by various companies engaged in the mining and processing of uranium. With immaterial exceptions, the decedent worked continuously in this occupation from 1940 until July 1963...

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