Death of Garner v. Vanadium Corp. of America

This is a workmen’s compensation proceeding brought by dependents of Douglas Garner, a uranium miner who died from lung cancer caused by on-the-job radiation exposure. The court of appeals1 set aside the Colorado Industrial Commission’s order which had allowed recovery and cer-tiorari was granted. We reverse.

The decedent, who died in 1963, had worked in several Colorado uranium mines throughout the period 1940-1955. He then worked an additional eight years in Utah uranium mines before his death. His Colorado employment caused 2,014 working level months (W.L.M.) of radiation exposure. His Utah…