of the Death of Snow v. Industrial Commission
of the Death of Snow v. Industrial Commission
Opinion of the Court
Opinion by
Marvin P. Snow, town marshal of Telluride, died of a heart attack in an ambulance en route from Telluride to Montrose, the precise cause of death being described as “cardiac arrest due to an occlusion of the arteries to the heart.” Thereafter Snow’s widow, on behalf of herself and two minor children, made claim for workmen’s compensation benefits. After hearing the referee denied the claim, holding that the claimant had failed to establish “overexertion” within the meaning of the Workmen’s Compensation Act, and also that the claimant had failed to prove that Snow’s death was “causally connected” with his employment as town marshal. The referee’s order was subsequently approved, affirmed and adopted by the Industrial Commission. Thereafter, upon judicial review of the matter, the trial court held that there was evidence to support the order of the Commission and entered an order dismissing the action. By this writ of error the claimant now seeks reversal of the judgment thus entered.
Shortly before his death, Snow, in the discharge of his duties as a town marshal of Telluride, had what was described as a “heated argument” with some sixteen-yearolds in a jeep who were on the streets of Telluride at night in violation of the town’s curfew ordinance. The only evidence of any physical exertion was some testi
The attending physician who was with Snow in the ambulance when he died testified before the Commission that in his opinion it was “possible” but not “probable” that the altercation between Snow and the youths could have “triggered” the heart attack; he explained that he simply could not make any “definite relationship” between the two events. This doctor testified that he had no definitive opinion as to the cause of the heart attack and that it “may have been caused by a piece of arteriosclerotic material breaking off of an artery and occluding or a hemorrhage into an arteriosclerotic plaque.”
In our view the foregoing recital of certain of the evidence before the Commission demonstrates that the order of the Commission does find support in the record. In the first place, it is doubtful that the claimant made out a prima facie case of overexertion. See Ind. Comm. v. Internat’l Corp., 132 Colo. 256, 287 P.2d 275. In any event, the testimony of the attending physician fully warrants the finding of the Commission that there was no “'casual connection” between Snow’s employment as town marshal and his death. An award of compensation benefits cannot be founded upon mere “possibilities.” Maryland Co. v. Kravig, 153 Colo. 282, 385 P.2d 669.
It is quite true that another doctor who had not
We reject the argument that this case is governed by Ind. Comm. v. Havens, 136 Colo. 111, 314 P. 2d 698. In the instant case there was medical testimony to support the finding of the Commission that Snow’s death was unrelated to his employment.
Judgment affirmed.
Mr. Justice Hodges, Mr. Justice Kelley and Mr. Justice Lee concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.