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BLACK MOUNTAIN SPRUCE, INC. v. JOHNSON

Nos. 82CA0093, 82CA0101.

670 P.2d 1241 (1983)

BLACK MOUNTAIN SPRUCE, INC., and State Compensation Insurance Fund, Petitioners, v. Michael Joe JOHNSON (Deceased), Industrial Commission of Colorado, and Subsequent Injury Fund, Respondents. SUBSEQUENT INJURY FUND, Petitioner, v. BLACK MOUNTAIN SPRUCE, INC., Katie Jo Johnson, Claimant, in the Matter of the Death of Michael Joe Johnson, State Compensation Insurance Fund, Industrial Commission of Colorado, and Director, Division of Labor, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 17, 1983.

Attorney(s) appearing for the Case

Russell A. Stanley, Denver, for petitioners Black Mountain Spruce, Inc., and State Compensation Ins. Fund in 82CA0093 and respondent State Compensation Ins. Fund in 82CA0101.

Martin & Drought, Keith Tempel, Englewood, Gibson, Dunn & Crutcher, Rebecca Love, Denver, for respondents Michael Joe Johnson (Deceased) and Katie Jo Johnson.

J.D. MacFarlane, Atty. Gen., Edward R. Martinez, Regional Asst. Atty. Gen., Grand Junction, for respondent Subsequent Injury Fund in 82CA0093 and petitioner Subsequent Injury Fund in 82CA0101.

J.D. MacFarlane, Atty. Gen., David Aschkinasi, Timothy Arnold, Asst. Attys. Gen., Denver, for respondent Industrial Commission of Colorado in 82CA0093 and respondents Industrial Commission of Colorado and Director, Division of Labor, in 82CA0101.

Mark J. Fischer, Hayden, for respondent Black Mountain Spruce, Inc., in 82CA0101.

BERMAN, Judge.

The State Compensation Insurance Fund and deceased's employer seek review of an award of widow's benefits to claimant. By a separate petition, the subsequent injury fund seeks review of the same award. We affirm the former and dismiss the latter.

The claimant, Katie Jo Johnson, when she was 16 and before completing high school, married Michael Johnson on May 3, 1980. Katie Jo quit high school, and the couple soon thereafter moved to a camp trailer...

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