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BYRD v. INDUSTRIAL COM'N OF COLORADO

No. 82CA0150.

658 P.2d 274 (1982)

Theresa BYRD, Petitioner, v. INDUSTRIAL COMMISSION OF COLORADO; Charles McGrath, Director, Division of Labor, Department of Labor and Employment, State of Colorado; Dover Elevator Company; and Liberty Mutual Insurance Company, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 28, 1982.

Certiorari Denied January 24, 1983.

Attorney(s) appearing for the Case

Carroll & Bradley, P.C., John S. Carroll, Rebecca Bradley, Westminster, for petitioner.

Zarlengo, Mott & Zarlengo, Tama L. Levine, J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Atty. Gen., Timothy R. Arnold, Asst. Atty. Gen., Denver, for respondents.

PIERCE, Judge.

In this worker's compensation case, petitioner, Theresa Byrd, seeks review of the final order of the Industrial Commission denying her claim for death benefits. The sole issue before us is whether petitioner qualified as the dependent of Donald E. Byrd, her deceased son, under the provisions of § 8-50-102, C.R.S.1973 (1981 Cum.Supp.). We affirm.

The facts are undisputed. The decedent died on August 12, 1980, from injuries received on that...

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