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PORTOFINO APTS. v. IND. CLAIM APP. OFF.

No. 89CA0648.

789 P.2d 1117 (1990)

PORTOFINO APARTMENTS and American Employers Insurance Company, Petitioners, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO; Thomas E. Maloney; and Director, Division of Labor, Department of Labor and Employment, Respondents.

Colorado Court of Appeals, Div. III.

February 22, 1990.

Attorney(s) appearing for the Case

Clifton & Hemphill, P.C., Richard A. Bovarnick, Denver, for petitioners.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Paul H. Chan, Asst. Atty. Gen., Denver, for respondents.

Opinion by Judge TURSI.

Portofino Apartments and American Employers Insurance Company (petitioners) seek review of a final order of the Industrial Claim Appeals Office (Panel) which determined that the death of Thomas E. Maloney arose out of and in the course of his employment and, since he was without dependents, ordered petitioners to pay $15,000 to the Subsequent Injury Fund (the Fund). We affirm.

Initially, petitioners contend that the Panel erred in holding...

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