Union Carbide Corp. v. Industrial Commission

We granted certiorari to review the decision of the Colorado Court of Appeals in Union Carbide Corp. v. Industrial Commission, 40 Colo. App. 182, 573 P.2d 938. We affirm the judgment.

Roy Benally worked as a uranium miner from 1955 to 1970 and died of lung cancer resulting from exposure to radioactive materials. This dispute is between his last two employers over which of them should pay the initial $7,500 of occupational disease benefits awarded to his dependents.

Petitioner Union Carbide Corporation hired Benally on April 28, 1970, subject to the provision that he pass the pre-employment…