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INDUSTRIAL COMMISSION v. EWING

No. 22042.

418 P.2d 296 (1966)

INDUSTRIAL COMMISSION of the State of Colorado, a Corporation, Electric Mutual Liability Insurance Company and General Electric Company, Plaintiffs in Error, v. Harry E. EWING, Defendant in Error.

Supreme Court of Colorado, En Banc.

September 26, 1966.

Attorney(s) appearing for the Case

Burnett, Watson & Horan, Denver, for plaintiffs in error Electric Mut. Liability Ins. Co. and General Electric Co.

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

Carmosino & Berardini, Denver, for defendant in error.

McWILLIAMS, Justice.

This is a workmen's compensation case and involves a consideration of C.R.S.1963, 81-12-8(2). That particular statute provides as follows:

"(2) The loss of both hands or both arms or both feet or both legs or both eyes or of any two thereof, by injury in or resulting from the same accident, shall prima facie constitute total and permanent disability to be compensated according to the provisions of this section; provided, that where...

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