MATTER OF DEATH OF SMITHOUR

No. 88CA0867.

778 P.2d 302 (1989)

In the Matter of the DEATH OF Sharon K. SMITHOUR. Kenneth Lee SMITHOUR and Stephen Michael Smithour, Petitioners, v. AMERICAN DREAM ENTERPRISES, INC.; Mary Young, Individually, and as Broker for American Dream Enterprises, Inc.; Susan Sanders and Phyllis Mason, Jointly and Severally d/b/a American Dream Realty; and the Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. IV.

Rehearing Denied May 18, 1989.

Certiorari Denied August 14, 1989.


Attorney(s) appearing for the Case

Steven U. Mullens, P.C., Steven U. Mullens and James A. May, Pueblo, for petitioners.

Peterson & Fonda, P.C., William F. Mattoon, Pueblo, for respondents American Dream Enterprises, Inc., Mary Young, Susan Sanders and Phyllis Mason.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Michael P. Serruto, Asst. Atty. Gen., Denver, for respondent Indus. Claim Appeals Office.


REED, Judge.

Kenneth Lee and Stephen Michael Smithour (claimants) contest the final order of the Industrial Claim Appeals Office (Panel) setting aside the portion of the order of an Administrative Law Judge (ALJ) which imposed personal liability upon Susan Sanders and Phyllis Mason (respondents) for workmen's compensation benefits due as a result of the death of Sharon K. Smithour. We affirm the order of the Panel.

The ALJ found that Sharon Smithour was an...

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