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CITY AND COUNTY OF DENVER, POLICE DEPT. v. PHILLIPS

Nos. 22551 and 22552.

443 P.2d 379 (1968)

CITY AND COUNTY OF DENVER, POLICE DEPARTMENT, and State Compensation Insurance Fund, Plaintiffs in Error, v. Douglas L. PHILLIPS, Sr., and Industrial Commission of Colorado, Defendants in Error. STATE COMPENSATION INSURANCE FUND, Industrial Commission of Colorado, and City and County of Denver, Police Department, Plaintiffs in Error, v. Douglas L. PHILLIPS, Sr., Defendant in Error.

Supreme Court of Colorado, In Department.

July 15, 1968.

Attorney(s) appearing for the Case

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Denver, for plaintiffs in error, City and County of Denver, Police Department and State Compensation Insurance Fund.

L. F. Butler, Denver, for defendant in error, Douglas L. Phillips, Sr.

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

McWILLIAMS, Justice.

This is a "heart" case and the two separate writs of error relate to an award of the Industrial Commission arising out of the claim of a Denver policeman for workmen's compensation benefits.

Douglas L. Phillips, hereinafter referred to as the employee, suffered a heart attack while on duty as a member of the Denver Police Department on December 16, 1958. He was shortly thereafter taken to the hospital and he remained off work for approximately...

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