RICHARDS v. RICHARDS & RICHARDS

No. 82CA0391.

664 P.2d 254 (1983)

Agness A. RICHARDS, Claimant-Petitioner, Sam J. Richards (Deceased), Claimant, v. RICHARDS & RICHARDS, Employer, and State Compensation Insurance Fund, Insuror, and The Industrial Commission of the State of Colorado, and the Director of the Division of Labor of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 24, 1983.

Certiorari Denied May 23, 1983.


Attorney(s) appearing for the Case

Dufford, Waldeck, Ruland, Wise & Milburn, Amanda D. Bailey, Grand Junction, for claimant-petitioner.

William J. Baum, DeMoulin, Anderson, Campbell & Laugesen, P.C., Thomas M. Schrant, Denver, for respondents Richards & Richards and State Compensation Ins. Fund.

J.D. MacFarlane, Atty. Gen., Timothy R. Arnold, Robert C. Lehnert, Asst. Attys. Gen., Denver, for respondents The Indus. Com'n of the State of Colo. and The Director of the Div. of Labor of the State of Colo.


BERMAN, Judge.

Petitioner seeks review of an award of dependent's benefits made to her under the Workmen's Compensation Act. We set aside the award.

Petitioner's husband, a uranium miner, was diagnosed as suffering from lung cancer. In 1978, the Industrial Commission, in a ruling which is not contested by this petition, awarded temporary disability benefits.

Two years later, petitioner's husband died as a result of the cancer. Petitioner applied for...

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