EISENBERG v. COLORADO INDUS. COMMISSION

No. 80CA0632.

624 P.2d 361 (1981)

Joseph P. EISENBERG, Petitioner, v. COLORADO INDUSTRIAL COMMISSION, Corona Drug Company, Inc., State Compensation Insurance Fund, Respondents.

Colorado Court of Appeals, Div. II.

January 22, 1981.


Attorney(s) appearing for the Case

Lutz & Berkowitz, Stephen N. Berkowitz, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Robert S. Hyatt, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colorado.

Edward V. Frayle, William J. Baum, Denver, for respondent Corona Drug Co., Inc.


PIERCE, Judge.

Claimant Joseph P. Eisenberg seeks review of a final order of the Industrial Commission denying his claim for workmen's compensation benefits. We set aside the order and remand the cause with directions.

The Commission's denial of benefits was based on claimant's failure to prove that his heart condition was proximately caused by unusual exertion arising out of and within the course of his employment under § 8-41-108(2.5), C.R.S.1973 (1979...

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