BEAUDOIN CONST. CO. v. INDUSTRIAL COM'N

No. 80CA0292.

626 P.2d 711 (1980)

BEAUDOIN CONSTRUCTION COMPANY and Transamerica Insurance Company, Petitioners, v. The INDUSTRIAL COMMISSION of the State of Colorado, Director of the Division of Labor, and Claimants In the Matter of the Death of Gerald E. McDowell, Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 15, 1981.


Attorney(s) appearing for the Case

Zarlengo, Mott & Zarlengo, Bonner E. Templeton and Albert E. Zarlengo, Jr., Denver, for petitioners.

J. D. MacFarlane, Atty. Gen., David L. Lavinder, Asst. Atty. Gen., Denver, for respondent Industrial Commission of State of Colo.

Gerald Wayne Avram, Arvada, for respondent Gerald E. McDowell.


SMITH, Judge.

Beaudoin Construction Company and Transamerica Insurance Company, petitioners, seek to reverse an order of the Industrial Commission granting death benefits to the widow of Gerald E. McDowell. The Commission found that McDowell died from a "heart attack" that was proximately caused by an unusual exertion arising out of, and within, the course of his employment. We affirm.

On March 20, 1978, decedent obtained work through the union hall as a laborer...

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