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STREEB v. CITY OF BOULDER

No. 82CA1049.

671 P.2d 436 (1983)

Barbara E. STREEB, Suzanne E. Streeb, and Andrew D. Streeb, Widow and Dependent Children of Ronald Streeb, Deceased, Petitioners, v. CITY OF BOULDER, State Compensation Insurance Fund, Mike L. Baca, Richard J. Wise, and Peter Nims, individually and as Members of the Industrial Commission of Colorado, and Charles McGrath, Director of the Division of Labor, Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 28, 1983.

Certiorari Granted September 6, 1983.

Attorney(s) appearing for the Case

Thorburn & Sakol, Barre M. Sakol, Boulder, for petitioners.

Pamala Musgrave, Denver, for respondents City of Boulder and State Compensation Ins. Fund.

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel Cantrick, Sp. Asst. Atty. Gen., Patricia A. Blizzard, Asst. Atty. Gen., Denver, for respondent Indus. Com'n.

TURSI, Judge.

Petitioners, the widow and dependent children of Ronald A. Streeb, seek review of a final order of the Industrial Commission denying death benefits to petitioners. We set aside the order and remand for further proceedings.

Ronald Streeb, an employee of the fire department of the city of Boulder, died on November 16, 1979. This was shortly before his return from a two-week vacation. At the fact finding hearing, evidence was offered that the decedent...

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