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"”
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