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DICK v. INDUSTRIAL COM'N

No. C-1436.

589 P.2d 950 (1979)

In the Matter of the Claim of Clark DICK (Deceased), Petitioner, v. INDUSTRIAL COMMISSION of the State of Colorado, the Director of the Industrial Commission of the State of Colorado, Climax Uranium Company, and the State Compensation Insurance Fund of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

January 29, 1979.

Attorney(s) appearing for the Case

Richard W. Hughes, Window Rock, Ariz., for petitioner.

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

Charles J. Traylor, David McKinley, Grand Junction, for respondent Amax Uranium Co.

Robert S. Ferguson, William J. Baum, Denver, for respondent State Compensation Ins. Fund.

KELLEY, Justice.

The court of appeals, by a memorandum opinion announced October 22, 1977, affirmed the Industrial Commission's denial of a petition to reopen a claim for disability benefits filed by claimant's widow and administratrix. We granted certiorari and now affirm.

On May 22, 1972, Clark Dick filed a claim for permanent total disability due to lung cancer incurred in the course of and arising out of his employment as a uranium miner. On January 21...

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