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UNION CARBIDE CORP. v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 05CA0081.

128 P.3d 319 (2005)

UNION CARBIDE CORPORATION and American Motorists Insurance Company, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO; Subsequent Injury Fund; and Dorothy W. Spencer, Respondents.

Colorado Court of Appeals, Div. I.

December 1, 2005.

Attorney(s) appearing for the Case

White & Steele, PC, Ted A. Krumreich, Denver, Colorado, for Petitioners.

No Appearance for Respondent Industrial Claim Appeals Office.

John W. Suthers, Attorney General, Vincent E. Morscher, Assistant Attorney General, Denver, Colorado, for Respondent Subsequent Injury Fund.

Dawes and Harriss, PC, Robert C. Dawes, Durango, Colorado, for Respondent Dorothy W. Spencer.

WEBB, J.

The single issue in this case is whether Union Carbide Corporation and its insurer, American Motorists Insurance Company (collectively employer), should be solely liable for workers' compensation death benefits payable to Dorothy W. Spencer (claimant), or whether the Subsequent Injury Fund (SIF) should share in that liability. We conclude that only employer is liable, and therefore affirm the order of the Industrial Claim Appeals Office (Panel).

The...

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