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MATTER OF DEATH OF PETERKIN

No. 85SC55.

729 P.2d 977 (1986)

In the Matter of the DEATH OF Fred D. PETERKIN (Deceased). Gloria PETERKIN, Petitioner, v. CURTIS, INC. (Employer); Great West Casualty Co. (Insurer); Director of Division of Labor and Employment; and the Industrial Commission of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

December 15, 1986.

Attorney(s) appearing for the Case

Jack Kintzele, Denver, for petitioner.

DeMoulin, Anderson, Campbell & Laugesen, P.C., Robert L. McGahey, Jr., Denver, for respondents Curtis, Inc. and Great West Cas. Co.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Timothy R. Arnold, First Asst. Atty. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for Director of Div. of Labor and Employment and Indus. Com'n of State of Colorado.

Gerald P. McDermott, Denver, for amicus curiae Colorado Trial Lawyers Assn.

ERICKSON, Justice.

We granted certiorari to review the court of appeals decision in In re Death of Peterkin, 698 P.2d 1353 (Colo.App.1985), which affirmed an Industrial Commission order suspending workmen's compensation benefits for Gloria Peterkin. We affirm.

I.

On December 5, 1980, Fred Peterkin was fatally injured in a traffic accident in Junction City, Kansas. At the time of the accident, the decedent...

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