A claimant sustains an occupational disease when the injury is the incident of the
work, or a result of exposure occasioned by the nature of the work and does not come
from a hazard to which the worker would have been equally exposed outside of the
employment. Section 8-40-201(14), C.R.S. The claimant has the burden to prove the
alleged occupational disease was caused, aggravated, or accelerated by the claimant’s
employment or working conditions. See Wal-Mart Stores, Inc. v. Industrial Claim Appeals
Office, 989 P.2d 251 (Colo. App. 1999). The failure to establish a causal connection
between the injury and the employment is fatal to a claim for compensation.
See Kinninger v. Industrial Claim Appeals Office, 759 P.2d 766 (Colo. App. 1988).
Original Source: From the archives of The Law Office of O'Toole & Sbarbaro, P.C.
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