Vialpando v. Industrial Claim Appeals Office

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 to the unusual exertion requirement arises when the heart attack is caused by an accident. See Prestige Homes, Inc. v. Legouffe, 658 P.2d 850 (Colo.1983). Claimant…