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CLAIMANTS, ETC. v. VANADIUM CORP. OF AMERICA

No. C-1246.

572 P.2d 1205 (1977)

CLAIMANTS IN the MATTER OF the DEATH OF Douglas GARNER, Petitioners, v. VANADIUM CORPORATION OF AMERICA et al., and State Compensation Insurance Fund, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 9, 1978.

Attorney(s) appearing for the Case

Traylor, Palo, Cowan & Arnold, Charles J. Traylor, David L. McKinley, Grand Junction, for petitioners.

Robert S. Ferguson, James A. May, Denver, for respondent Vanadium Corp. of America.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John Kezer, Asst. Atty. Gen., Denver, for respondent State Compensation Ins. Fund.

CARRIGAN, Justice.

This is a workmen's compensation proceeding brought by dependents of Douglas Garner, a uranium miner who died from lung cancer caused by on-the-job radiation exposure. The court of appeals1 set aside the Colorado Industrial Commission's order which had allowed recovery and certiorari was granted. We reverse.

The decedent, who died in 1963, had worked in several Colorado uranium mines throughout the period 1940...

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