SUBSEQUENT INJURY FUND v. INDUS. CL. APP.

No. 92CA0370.

859 P.2d 276 (1993)

SUBSEQUENT INJURY FUND, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, Thure Elmer Erickson, Deceased, Tonita Erickson, Climax Uranium, and Colorado Compensation Insurance Authority, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 29, 1993.

Certiorari Denied October 4, 1993.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John D. Baird, Asst. Atty. Gen., Denver, for petitioner.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Alesia M. McCloud-Chan, Asst. Atty. Gen., Denver, for respondent Industrial Claim Appeals Office.

No appearance for respondents Thure E. Erickson or Tonita Erickson.

Paul Tochtrop, Denver, for respondents Climax Uranium and Colorado Compensation Ins. Authority.


Opinion by Judge SMITH.*

The Subsequent Injury Fund (Fund) seeks review of the final order of the Industrial Claim Appeals Panel which held that the Fund, rather than the employer or its insurer, was obligated to pay the interest on certain death benefits. We affirm.

The pertinent facts are not in dispute. The claimant is the dependent spouse of a worker who died from industrial exposure to radiation during his employment as a...

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