Colorado Fuel & Iron Corp. v. Industrial Commission
Colorado Fuel & Iron Corp. v. Industrial Commission
Opinion of the Court
Opinion by
On January 22, 1965, George Bensik, Jr., an employee of the plaintiff in error, The Colorado Fuel and Iron Corporation, died from asphyxiation caused by a sudden and unexpected lethal dose of carbon monoxide gas while attempting to repair a mechanical difficulty in one of his employer’s blast furnaces.
The Industrial Commission awarded benefits under the Workmen’s Compensation Act, C.R.S. 1963, 81-1-1, et seq., and the award was affirmed by the district court. The employer brings writ of error here, contending that the exclusive remedy is under the Occupational Disease Disability Act, C.R.S. 1963, 81-18-1, et seq.
Bensik’s exposure to carbon monoxide gas, in
The Judgment is affirmed.
Mr. Justice Sutton, Mr. Justice Day and Mr. Justice Kelley concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.