UPCHURCH v. INDUSTRIAL COM'N

No. 84CA0934.

703 P.2d 628 (1985)

Johnny Lee UPCHURCH, Petitioner, v. INDUSTRIAL COMMISSION of the State of Colorado; Home Insurance Company; Monfort of Colorado; and Division of Labor, Department of Labor and Employment, State of Colorado, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 4, 1985.

Certiorari Denied August 19, 1985.


Attorney(s) appearing for the Case

Carroll, Bradley & Froede, P.C., John S. Carroll, Westminster, for petitioner.

Watson, Nathan & Bremer, P.C., Peter A. Watson, Christina M. Habas, Denver, for respondents Home Ins. Co. and Monfort of Colo.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Dani R. Newsum, Asst. Atty. Gen., Denver, for respondents Industrial Com'n of the State of Colo. and Division of Labor, Department of Labor and Employment, State of Colo.


STERNBERG, Judge.

The claimant, Johnny Lee Upchurch, seeks review of the final order of the Industrial Commission in which he was denied workmen's compensation benefits. The Commission's order was based on its conclusion that claimant's injury neither arose out of, nor occurred in the course of, his employment. We set aside the order.

At the hearing before the referee, the claimant testified that on March 26, 1980, at approximately 4:30 A.M. in Dallas, Texas...

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