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DOW CHEMICAL v. INDUS. CLAIM APP. OFFICE

No. 91CA1248.

843 P.2d 122 (1992)

The DOW CHEMICAL COMPANY, Rockwell International Corporation, and The Travelers Insurance Company, Petitioners, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, The Subsequent Injury Fund, James R. Downing (deceased), Carol Downing, Michael Downing, and Mary Kathleen Downing, Respondents.

Colorado Court of Appeals, Div. V.

Rehearing Denied August 27, 1992.

Certiorari Denied January 19, 1993.

Attorney(s) appearing for the Case

Martinez & Associates, Larry R. Martinez, Denver, for petitioners.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., David C. Feola, Asst. Atty. Gen., Denver, for respondent Industrial Claim Appeals Office.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Michael P. Serruto, Asst. Atty. Gen., Denver, for respondent Subsequent Injury Fund.

Silver & DeBoskey, P.C., Bruce H. DeBoskey, Steven W. Kelly, Douglas R. Phillips, P.C., Douglas R. Phillips, Denver, for respondents James R. Downing (deceased), Carol Downing, Michael Downing and Mary Kathleen Downing.

Opinion by Judge NEY.

Petitioners, Dow Chemical Company and Travelers Insurance Co. (Rocky Flats), contest an order of the Industrial Claim Appeals Panel, awarding death benefits to the beneficiaries of the decedent, James R. Downing. We affirm.

The decedent worked 17 years at the Rocky Flats Nuclear Weapons Plant and died at the age of 44 from a rare cancer of the esophagus known as adenocarcinoma. The decedent had a long history of gastric difficulties and...

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