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MARTINEZ v. INDUSTRIAL COMMISSION

No. 77-970.

580 P.2d 36 (1978)

Tony MARTINEZ, Sr., Petitioner, v. INDUSTRIAL COMMISSION of Colorado, State Compensation Insurance Fund, and Colorado Forest Products, Inc., Respondents.

Colorado Court of Appeals, Division II.

Rehearing Denied April 13, 1978.

Certiorari Denied June 19, 1978.

Attorney(s) appearing for the Case

Brauer & Simons, P. C., Thomas B. Buescher, Denver, for petitioner.

James A. May, Francis L. Bury, Robert S. Ferguson, Denver, for respondents State Compensation Ins. Fund and Colorado Forest Products, Inc.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Solr. Gen., Timothy R. Arnold, Asst. Atty. Gen., Denver, for respondent Industrial Commission of the State of Colorado.

BERMAN, Judge.

In this workmen's compensation case, the claimant, Tony Martinez, Sr., sustained a permanent loss of hearing as a result of his exposure to noise at his place of employment with Colorado Forest Products, Inc. However, the Industrial Commission denied the claimant benefits for permanent partial disability on the basis that the hearing loss resulted from an "occupational disease," rather than an "accidental injury," as those terms are defined by the ...

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