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DAVIS v. INDUSTRIAL COMMISSION

No. 21986.

420 P.2d 147 (1966)

Delores Mae Hemiller DAVIS, Plaintiff in Error, v. INDUSTRIAL COMMISSION of Colorado, State Compensation Fund and Midwest Liquor Co., a corporation, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied December 5, 1966.

Attorney(s) appearing for the Case

Bentley M. McMullin, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for defendant in error, Industrial Commission.

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Denver, for defendants in error State Compensation Fund and Midwest Liquor Co.

McWILLIAMS, Justice.

This is a workmen's compensation case and concerns the failure of the claimant to file a petition to review the final award of the Commission, as such is required by C.R.S.1963, 81-14-6 and 7.

In 1957 Leland W. Davis, who was a long-haul truck driver for the Midwest Liquor Company, suffered a non-fatal heart attack as the result of unusual and prolonged physical exertion arising out of and in the course of his employment. As a result of...

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