Byrd v. Industrial Commission

PIERCE, Judge.

In this worker’s compensation case, petitioner, Theresa Byrd, seeks review of the final order of the Industrial Commission denying her claim for death benefits. The sole issue before us is whether petitioner qualified as the dependent of Donald E. Byrd, her deceased son, under the provisions of § 8-50-102, C.R.S.1973 (1981 Cum. Supp.). We affirm.

The facts are undisputed. The decedent died on August 12, 1980, from injuries received on that date in an industrial accident. He was 24 years of age, unmarried, and had no children. He was survived by the petitioner and one adult sister.