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MATTER OF HIGH

No. 81CA0170.

638 P.2d 818 (1981)

In the Matter of the Claim of Thomas D. HIGH (Deceased), Marie L. HIGH, Petitioner, v. The INDUSTRIAL COMMISSION of the State of Colorado, the Director of the Industrial Commission of the State of Colorado, Cotter Corporation N.S.L., State of Colorado, Colorado Division of Mines, State Compensation Insurance Fund, and State of Colorado, Division of Labor, Subsequent Injury Fund, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 8, 1981.

Certiorari Denied December 21, 1981.

Attorney(s) appearing for the Case

Traylor, Palo, Cowan & Arnold, Charles J. Traylor, Peter R. Black, Grand Junction, for petitioner.

J. D. MacFarlane, Atty. Gen., James C. Martin, Regional Asst. Atty. Gen., Grand Junction, for respondents Industrial Commission of the State of Colorado, the Director of the Industrial Commission of the State of Colorado, and the Division of Labor, Subsequent Injury Fund, State of Colorado.

James A. May and Richard G. Fisher, Denver, for respondents Cotter Corp. N. S. L. and State of Colorado, Colorado Division of Mines, and State Compensation Ins. Fund.

COYTE, Judge.

Marie L. High (claimant) initiated this claim for dependency benefits under the occupational disease provisions of the Colorado Workmen's Compensation Act after the death of her husband, Thomas D. High (decedent), from oat cell carcinoma of the lungs in December 1978. See §§ 8-41-108(3) and 8-51-112(2), C.R.S.1973 (1980 Cum.Supp.). She alleged that his death had been caused by exposure to radioactive materials and named as employers...

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