CARVER v. INDUSTRIAL COM'N

No. 77-266.

570 P.2d 256 (1977)

Claimants in the Matter of the Death of Jerald J. CARVER, Deceased, Petitioners, v. INDUSTRIAL COMMISSION of Colorado, State Compensation Insurance Fund, and City of Fort Morgan, Respondents.

Colorado Court of Appeals, Division I.

September 29, 1977.


Attorney(s) appearing for the Case

Montgomery, Little, Young, Campbell & McGrew, P. C., J. Bayard Young, H. Wayne Leiser, Denver, E. Ord Wells, Jack A. Murphy, Fort Morgan, for petitioners.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., John Kezer, Asst. Atty. Gen., Denver, for respondent, Industrial Commission of Colorado.

Bonner E. Templeton, James A. May, William J. Baum, Denver, for respondents, State Compensation Insurance Fund and City of Fort Morgan.


BERMAN, Judge.

Subsequent to the parties' filing of briefs on the merits of a petition to review a final order of the Industrial Commission, the respondents State Compensation Insurance Fund and the City of Fort Morgan filed a motion to dismiss the petition alleging that the petitioners had failed to comply with mandatory administrative review procedures. We deny the motion.

On September 17, 1976, a referee denied petitioners' claim for dependency benefits...

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