CY ACT MATERIAL REMOVED Cumpessalion Insurance Fund, on behalf of Untted Mining and Leasing Company, and itself, aiso filed a motion to dismiss, alleging that since there was no exposure while in the employ of United Mining and Leasing Company after July 1, 1961, the rights of the widow were determined by the statuteas it existed in 1954 to 1956, and as a basis for the motion, cited pertinent sections of Colorado Revised Statutes 1953. The Referee entered his order granting the motion to dismiss which reads in part as follows: CASE NO. 55 vy. The Golden Cycle Corporation The only claimed exposure to radon gas in uranium mining was while the deceased was in the employ of the above named employer in 1954, 1955 and 1956. The controlling statute in effect at that time was 81-18-11, 1953. In order to be opmpensable, the disablement had to occur within 120 days of the employee's last injurious exposure if the claim was filed by the employee, and in death cases, the death had to occur within one year from the date of the employee’s last injurious exposure, and the statute provided that a claim for death benefits had to be filed within six months from the date of death, thus all rights of the deceased or his widow expired not later than one year from his fast injurious exposure which would have been sometime in 1957. The respondents further allege that the amendment which becameeffective ; July 1, 1961 does not apply because it cannot be considered retroactive. The claimant's reply brief alleges that the law in effect at the time of death governs. The Referee having reviewed the entire file and briefs submitted by counsel finds that the respondents’ motion is well taken and should be granted on the grounds stated therein. The Referee dismissed the claim. Counsel for the widow filed a petition for review of the case by the Industrial Commission, alleging that the law in force and effect at the time of the death governed, rather than the law in effect at the time of last injurious exposure. The Industrial Commission affirmed the order of the Referee. The case then was appealed to the District Court of the City and County of Denver, after a second petition for review was filed and the prior order of the Commission affirmed. When the case came on for hearing in the District Court the Judge stated that he desired to have the Commission make a finding on the merits of the case, so that the whole case would have all major points decided, and accordingly remanded the case to the Industrial Commission to make findings on the merits of the case. After due consideration of the matter the {ndustrial Commission entered its Claim No. WC 2-215-062; SF 180170 Type of Injury: Cancer of the Lungs. Coloradv Decision: Compensation Granted. Date of Decision: 1970.. lung cancer due to exposure to Claimant's Allegation: That he acquired um and t with urani uranium over a period of years where he was in contac vanadium. July 9, 1969. He was treated Facts: The claimant left work approximately cancer. The deceased was a lung from 1969 29, mber until he died on Septe U.S. Pubtic Health Service member of a uranium miner study group of the e re record af the deceas Pertinent portions of the work history and exposu engaged in farming but was ed deceas the 1941 1934 n betwee that ted indica ium mine, that between vanad a of pment did “some” copper mining and develo and three uranium mining 1941 and 1962 he spent 16 years in underground Health Service of ihe Public U.S. the years on the surface. Estimates of 2850 Working ie were mines um urani in re exposu on deceased's radiati at about age 20 an tes cigaret ng Months. Evidence showed that he began smoki smoked about | pack a day. analysis of samples of the Medical Evidence: A report of the radiochemical deceased's body is as follows: ed bone weights, and The results, listed below, are in terms of defatt ng error. counti the of ion deviat rd standa one are shown the errors further order. The Commission found that the death of the deceased was due to exposure to radon gas and that the deceased did sustain injurious exposure to ionizing radiation during the years 1954 to 1956, while working for the Rib United Mining and Leasing Corporation, and the prior decision dismissing the case on the ground it was barred as not meeting the basic conditions of fiability Vertebra Sternum was affirmed. The case was then returned to the District Court. Poor td a decision by the District Court, a stipulation for settlement was made. ll type ine on Veterans from a 172 219po 2710p, (pCi/ Kg.) (pCi/ Kg.) 1050 + 20 1290 + 40 1510 + 20 1980 + 40 1040 + 20 medical investigator was iden tified as “Adenocarcinoma” by a “ei ificati Administration Hospital. In view of this identification the 173 PRIVACY ACT MATERIAL REMOV"” 1210430