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GATES RUBBER CO. v. INDUSTRIAL COMM'N OF COLO.

No. 84CA0594.

705 P.2d 6 (1985)

GATES RUBBER COMPANY, Petitioner, v. INDUSTRIAL COMMISSION OF THE STATE OF COLORADO; Director, Department of Labor and Employment, Division of Labor, State of Colorado; Claimants in the matter of Lyle Bigley (deceased), Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 27, 1985.

Attorney(s) appearing for the Case

Blackman & Levine, Tama L. Levine, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mary Ann Whiteside, Asst. Atty. Gen., Denver, for respondents Industrial Commission and Division of Labor.

Edward McHugh, Denver, for respondents Claimants in the Matter of Lyle Bigley.

PIERCE, Judge.

Employer, Gates Rubber Co., seeks review of a final order of the Industrial Commission awarding death benefits to the surviving dependents of Lyle Bigley. Gates contends that Bigley's death did not arise from his employment. We set aside the order.

Bigley was employed by Gates as a freight pusher, a job that entailed pushing a four-wheeled cart loaded with parts to a shipping dock. The accident occurred...

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