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CREEK v. TOWN OF HULETT

No. 5769.

657 P.2d 353 (1983)

In the Matter of the Claims of Helen L. CREEK, Widow of Darwin Creek, Appellant (Claimant), v. TOWN OF HULETT, Appellee (Employer-Defendant), v. WYOMING STATE TREASURER, ex rel. WORKER'S COMPENSATION DIVISION, Appellee (Objector-Defendant).

Supreme Court of Wyoming.

January 21, 1983.

Attorney(s) appearing for the Case

R. Douglas Dumbrill of Hughes & Dumbrill, Sundance, for appellant.

Steven F. Freudenthal, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Allen C. Johnson, Sr. Asst. Atty. Gen., Carl J. Hildebrand, Asst. Atty. Gen., and Steven R. Czoschke, Legal Intern, for appellee Wyoming State Treasurer, ex rel. Worker's Compensation Div.

Before ROONEY, C.J., and RAPER, THOMAS, ROSE and BROWN, JJ.

THOMAS, Justice.

The appellant in this case urges the court to apply our adaptation of the unusual exertion rule which focuses upon exertion which is unusual for the particular employee who is seeking compensation to a worker's compensation case in which a police officer suffered a fatal heart attack. The unusual exertion relied upon by the appellant was stress attributed to a role conflict arising out of the necessity to perform law enforcement functions with respect...

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