LEGOUFFE v. PRESTIGE HOMES, INC.

No. 80CA0664.

634 P.2d 1010 (1981)

Guy Y. LEGOUFFE, Petitioner, v. PRESTIGE HOMES, INC., Employer, Aetna Insurance Company, Insuror, and the Industrial Commission of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 16, 1981.

Certiorari Granted October 5, 1981.


Attorney(s) appearing for the Case

Morrato, Gueck & Colantono, P. C., James J. Morrato, Englewood, for petitioner.

Tilly & Graves, Ronald O. Sylling, David D. Schlachter, Denver, for respondents Prestige Homes and Aetna Ins. Co.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, David L. Lavinder, Asst. Attys. Gen., Denver, for respondent Industrial Com'n of the State of Colo.


STERNBERG, Judge.

In this workmen's compensation action, claimant, Guy Y. Legouffe, seeks review of a final order of the Industrial Commission denying him medical and disability benefits. He contends that the referee erred in failing to find a causal relationship between the accident and his injury, in applying the "unusual exertion" statute, § 8-41-108(2.5), C.R.S.1973 (1980 Cum.Supp.), and in using the wrong standard of proof. We reverse.

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