AMAYA v. INDUS. CLAIM APPEALS OFFICE

Court of Appeals No. 22CA0467.

524 P.3d 856 (2022)

2022 COA 131

Sandra AMAYA, dependent of decedent, Angel Batista de Jesus, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado; Brand X Hydrovac Services, Inc.; and Standard Fire Insurance Company, Respondents.

Colorado Court of Appeals, Div. III.

Announced November 10, 2022.


Attorney(s) appearing for the Case

Kaplan Morrell, LLC, Britton J. Morrell , Greeley, Colorado, for Petitioner.

Philip J. Weiser , Attorney General, Patrick L. Sayas , Senior Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Ray Lego and Associates, Jonathan S. Robbins , Greenwood Village, Colorado, for Respondents Brand X Hydrovac Services, Inc. and Standard Fire Insurance Company.

Philip J. Weiser , Attorney General, Christopher K. Boeckx , Assistant Attorney General, Denver, Colorado, for Amicus Curiae Colorado Department of Labor and Employment, Division of Workers' Compensation.


¶ 1 In this workers' compensation appeal, we must analyze the interplay between two statutes: section 8-42-121, C.R.S. 2022, which governs the apportionment of death benefits among a deceased worker's dependents, and section 8-43-406(3), C.R.S. 2022, which governs a lump-sum disbursement when there are multiple dependents...

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