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VIALPANDO v. INDUS. CLAIM APPEALS OFFICE

No. 87CA1640.

757 P.2d 1152 (1988)

Ernest A. VIALPANDO, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO; Director, Division of Labor, Department of Labor and Employment; Children's Hospital; and Trans-Continental Insurance Company, Respondents.

Colorado Court of Appeals, Div. III.

June 23, 1988.

Attorney(s) appearing for the Case

Kavanaugh, Sanford & Celeste, Kathleen T. Kavanaugh, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for respondents Industrial Claims Appeals Office and Director, Div. of Labor.

James R. Clifton & Associates, P.C., Diane Murley, Karl A. Schulz, Denver, for respondents Children's Hosp. and Trans-Continental Ins. Co.

HUME, Judge.

Ernest A. Vialpando (claimant) seeks review of a final order of the Industrial Claim Appeals Office (Panel) which denied him workmen's compensation benefits following his heart attack. We affirm.

I.

We reject claimant's contention that because his heart attack was an aggravation of pre-existing heart disease, he was not required to prove unusual exertion. See § 8-41-108(2.5), C.R.S. (1986 Repl.Vol. 3B). The only exception...

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