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MINERAL COUNTY v. INDUSTRIAL COMMISSION OF COLO.

No. 81CA1158.

649 P.2d 728 (1982)

MINERAL COUNTY, Employer, and State Compensation Insurance Fund, Insurer, Petitioners, v. INDUSTRIAL COMMISSION OF COLORADO, and Claimant in the Matter of the Death of John McCaghren, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied June 10, 1982.

Certiorari Denied August 3, 1982.

Attorney(s) appearing for the Case

Samuel H. Collins, William J. Baum, Denver, for petitioners.

Carlos F. Lucero, P. C., Alice M. Price, Alamosa, for respondent Claimant in the Matter of the Death of John H. McCaghren.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., William Levis, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colorado.

KIRSHBAUM, Judge.

Petitioners, Mineral County and State Compensation Insurance Fund, seek review of a final order of the Industrial Commission awarding death benefits and funeral expenses to the wife of John M. McCaghren (decedent). We affirm.

The operative facts are undisputed. Decedent, the only member of the Mineral County Sheriff Department, was effectively on duty 24 hours a day. He had a sheriff's radio and telephone at his home. On the evening of May...

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