Eisenberg v. Colorado Industrial Commission
Eisenberg v. Colorado Industrial Commission
Opinion of the Court
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 Cum.Supp.). The Commission erred by applying the cited statutory provision as it is applicable only where the claimant has suffered a “heart attack.” The record discloses that claimant has never suffered a “heart attack.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.