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MATTER OF DEATH OF CLINE

No. 78-959.

599 P.2d 973 (1979)

In the Matter of the Death of Richard Lee CLINE. Sharon CLINE, claimant-widow, Petitioner, v. The INDUSTRIAL COMMISSION OF COLORADO, and its Director, the City and County of Denver, J. B. Services, Inc., and the State Compensation Insurance Fund, Respondents.

Colorado Court of Appeals, Div. II.

August 9, 1979.

Attorney(s) appearing for the Case

Bruno, Bruno & Bruno, Louis B. Bruno, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Louis L. Kelley, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colorado.

James A. May, R. S. Ferguson, Francis L. Bury, Denver, for respondents The City and County of Denver, J. B. Services, Inc. and The State Compensation Ins. Fund.

SILVERSTEIN, Judge.

Petitioner seeks review of an order of the Industrial Commission. She challenges the Commission's finding that her husband, Richard L. Cline, was intoxicated at the time of his fatal accident and that such intoxication was a proximate cause of the accident thus authorizing a 50 percent reduction in benefits to her. She also contends that even if the intoxication was a proximate cause of the accident, the Industrial Commission miscalculated the...

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