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TRI-STATE COMMODITIES, INC. v. STEWART

No. 83CA1442.

689 P.2d 712 (1984)

TRI-STATE COMMODITIES, INC., and Argonaut Midwest Insurance Company, Petitioners, v. Frank R. STEWART (Deceased); The Industrial Commission of Colorado; Sherry Jo Stewart as mother and next friend of Jason, Gentry and Jennifer Stewart; and Myrna Edna Stewart, Greg Ingram, Lori Ingram, Monte Ingram and Scott Ingram, Respondents.

Colorado Court of Appeals, Div. IV.

Rehearing Denied July 26, 1984.

Attorney(s) appearing for the Case

White & Steele, P.C., Glendon L. Laird, John P. Carver, Denver, for petitioners.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mary Karen Maldonado, Asst. Atty. Gen., Denver, for respondent Indus. Comn.

Susan M. Lach, Fort Collins, for appellee Sherry Jo Stewart.

Waldo & Waldo, Ralph E. Waldo, Jr., Greeley, for appellee Myrna Edna Stewart.

LEE, Justice.*

Employer, Tri-State Commodities, Inc. (Tri-State), and insurer, Argonaut Midwest Insurance Company, seek review of a final order of the Industrial Commission awarding death benefits to the survivors of Frank R. Stewart, deceased. Petitioners contend that the Commission erred in its determination that decedent's death arose out of and in the course of employment and that decedent's stepchildren were not dependents. We affirm...

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