IN RE MARRIAGE OF SMITH

No. 90CA0486.

817 P.2d 641 (1991)

In re the MARRIAGE OF Minerva Maria SMITH, Appellee, and Bruce Leslie Smith, Appellant.

Colorado Court of Appeals, Div. II.

August 29, 1991.


Attorney(s) appearing for the Case

White & Pickard, Joe Pickard, Doris A. Waters, Denver, for appellee.

Moyer, Beal & Vranesic, John R. Vranesic, Lakewood, for appellant.


Opinion by Judge SMITH.

This case presents a question of first impression in Colorado: Whether an unliquidated workers' compensation claim is marital property subject to distribution upon dissolution. The trial court ruled that since the husband's entitlement to workers' compensation benefits arose as a result of his employment during marriage, the claim is divisible as marital property. We reverse.

The dispositive facts are not in dispute. In July 1987, after...

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