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DOW CHEMICAL CO. v. GABEL

Nos. 86CA0430, 86CA0428, 86CA0421.

746 P.2d 1357 (1987)

DOW CHEMICAL COMPANY; Rockwell International Corporation; and Travelers Insurance Company, Petitioners, v. Rosalynne Kae GABEL, Ronald E. Gabel, Brenda D. Gabel, and Nathan E. Gabel, as dependents of Donald M. Gabel, deceased; Robert Husson, as Director, Division of Labor, for Subsequent Injury Fund; and the Industrial Commission of the State of Colorado, Respondents. Robert HUSSON as Director, Division of Labor, for Subsequent Injury Fund, Petitioner, v. Rosalynne Kae GABEL, Ronald E. Gabel, Brenda D. Gabel, and Nathan E. Gabel, as dependents of Donald M. Gabel, deceased; Dow Chemical Company; Rockwell International Corporation; Travelers Insurance Company, and the Industrial Commission of the State of Colorado, Respondents. Rosalynne Kae GABEL, Petitioner, v. DOW CHEMICAL COMPANY; Rockwell International Corporation; Travelers Insurance Company; Robert Husson, Director, Division of Labor, for Subsequent Injury Fund; and the Industrial Commission of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearings Denied July 9, 1987.

Certiorari Denied November 30, 1987.

Attorney(s) appearing for the Case

Martinez & Allman, Robert L. Allman, Larry R. Martinez, Denver, for Dow Chemical Co., Rockwell Intern. Corp. and Travelers Ins. Co.

Bruce H. DeBoskey, P.C., Bruce H. DeBoskey, Douglas R. Phillips, P.C., Douglas R. Phillips, Denver, for Rosalynne Kae Gabel, Ronald E. Gabel, Brenda D. Gabel, and Nathan E. Gabel.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Laura E. Udis, Asst. Atty. Gen., Denver, for Robert Husson, Director, Div. of Labor, for Subsequent Injury Fund.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Patricia Blizzard, Asst. Atty. Gen., Denver, for Indus. Com'n.

VAN CISE, Judge.

Donald M. Gabel (Gabel) died of brain cancer at the age of 31 in September 1980 after being exposed to radioactive substances and materials for ten years while working at the Rocky Flats Nuclear Weapons Plant (Rocky Flats). In an order issued in March 1986, the Industrial Commission determined, among other things:

(1) that Gabel's dependents (his widow and children) were entitled to workmen's compensation benefits;

(2) that Gabel's...

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