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MATTER OF CARR v. INDUS. COM'N OF COLO.

No. 84CA0944.

709 P.2d 52 (1985)

CLAIMANT IN the MATTER OF James Ernest CARR, (Deceased), Petitioner, v. The INDUSTRIAL COMMISSION OF the STATE OF COLORADO; State Compensation Insurance Fund and the Division of Water Resources/State Engineer, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 18, 1985.

Certiorari Denied November 12, 1985.

Attorney(s) appearing for the Case

Briscoe, Stanway, Clay, Dodson & Harper, P.C., Steven K. Harper, Hotchkiss, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mary Ann Whiteside, Asst. Atty. Gen., Denver, for respondent Indus. Com'n.

Paul Tochtrop, Denver, for respondents State Compensation Ins. Fund and the Div. of Water Resources/State Engineer.

METZGER, Judge.

In this workmen's compensation case, Margaret Carr, (claimant) seeks review of a final order of the Industrial Commission which determined that a fatal heart attack suffered by her husband, James Carr, was not the result of unusual exertion and thus was not compensable. We set aside the order and remand.

Carr was employed by the Division of Water Resources State Engineer as a water commissioner; his duties were to administer the flow of water...

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