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MICHALSKI v. INDUS. CLAIM APPEALS OFFICE

No. 88CA1726.

781 P.2d 183 (1989)

Judy A. MICHALSKI, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO; Director, Division of Labor, Department of Labor and Employment; San Luis Valley Boces; Transportation Insurance Company; Cynthia Lambert; Sandra K. Lambert; and Patricia Lambert for Randall T. Lambert, Jr., Respondents.

Colorado Court of Appeals, Div. IV.

September 14, 1989.

Attorney(s) appearing for the Case

Dawes and Crane, P.C., Robert C. Dawes, Gail C. Harris, Durango, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Carol A. Finley, Asst. Atty. Gen., Denver, for respondents Industrial Claim Appeals Office and Director, Div. of Labor.

Clifton & Hemphill, P.C., Pamela J. Adams, Karl A. Schulz, Denver, for respondents San Luis Boces and Transp. Ins. Co.

Candelaria & Spitzer, Daniel G. Spitzer, Durango, for respondents, Cynthia Lambert, Sandra Lambert and Patricia Lambert.

Opinion by Judge DUBOFSKY.

In this workmen's compensation case, Judy A. Michalski (claimant) seeks review of the final order of the Industrial Claim Appeals Office (Panel) which affirmed the order of the Administrative Law Judge (ALJ) denying her death benefits as the widow of Randall T. Lambert (decedent). We set aside the order.

At the time of his death, decedent was married to claimant. Claimant testified that she and decedent intended to live together...

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