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COLORADO FUEL & IRON CORP. v. INDUSTRIAL COMMISSION

No. 20767.

392 P.2d 174 (1964)

The COLORADO FUEL AND IRON CORPORATION, Plaintiff in Error, v. The INDUSTRIAL COMMISSION of Colorado, and State Compensation Insurance Fund, and Hattie M. Holman, for herself and on behalf of her minor daughter, LaVella Holman, Defendants in Error.

Supreme Court of Colorado. En Banc.

March 2, 1964.

Attorney(s) appearing for the Case

Welborn, Dufford & Cogburn, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for defendant in error Industrial Comm. of Colorado.

Harold Clark Thompson, Alious Rockett, Francis L. Bury, Denver, for defendant in error State Compensation Ins. Fund.

Edward J. Scheunemann, Denver, for defendant in error Hattie M. Holman.

PRINGLE, Justice.

On December 11, 1961, Richard Holman died from asphyxiation caused by the inhalation of a lethal dose of carbon monoxide gas while working for the Colorado Fuel and Iron Corporation and the sole question presented by this writ of error is whether his widow and surviving minor child are entitled to benefits under the Workmen's Compensation Act, CRS '53, 81-1-1 et seq., or whether the exclusive remedy lies under the Occupational Disease Disability...

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