Merriman v. Industrial Commission

I believe the four cases cited in the majority opinion do not support the result there announced. In all those cases there was a pre-existing illness or malady and a subsequent injury incurred in the course of the employment; recovery for the injury was allowed or disallowed on the basis of whether the injury aggravated an already existing disease, or whether the pre-existing disease was the sole cause of claimant’s disability.

Thus in Industrial Commission v. Dorchak, 97 Colo. 142, 47 P. (2d) 396, there was a finding that the claimant was injured September 3, 1932, when he slipped and fell…