VELASQUEZ v. INDUSTRIAL COMMISSION

No. 77-1078.

581 P.2d 748 (1978)

Martin D. VELASQUEZ and James F. Sanchez, Petitioners, v. INDUSTRIAL COMMISSION of Colorado, Juereta P. Smith, Director of Division of Labor and Employment, State Compensation Insurance Fund and City and County of Denver, Respondents.

Colorado Court of Appeals, Div. II.

June 29, 1978.


Attorney(s) appearing for the Case

Pepper & Rubin, P. C., Eugene M. Pepper P. C., Denver, for petitioners.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Timothy R. Arnold, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colorado.

William J. Baum, Denver, for respondents State Compensation Ins. Fund and City and County of Denver.


SILVERSTEIN, Chief Judge.

Petitioners seek review of a final order of the Industrial Commission denying their respective claims for workmen's compensation benefits. We affirm.

The determinative issue presented for review is whether the Commission erred in concluding that petitioners' injuries did not arise out of their employment with the respondent City and County of Denver.

The record discloses that petitioners were both shot by a co-employee while...

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