Opinion
Editorial Note:
This case has been marked 'not for publication' by the court.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for defendant-appellee, Industrial Commission of Colorado.
LeRoy Grams, pro se.
Zarlengo, Mott & Carlin, Reed L. Winbourn, Denver, for defendants-appellees, Adolph Coors Co. and Liberty Mut. Ins. Co.
ENOCH, Judge.
This is an appeal from a judgment of the district court affirming a final order of the Industrial Commission which denied claimant Grams compensation for an alleged industrial accident. Claimant appeared Pro se throughout the proceedings, including this appeal.
At the hearing before the Referee, claimant alleged that he injured his shoulder on February 1, 1968, while operating a bulldozer for his employer. Claimant stated that he informed his supervisor of the injury, but that he did not request to see a doctor at that time, nor did he make use of the medical facilities which he knew the employer had available. On cross-examination, claimant admitted that the only statement he made with respect to the injury was, 'I wrenched my shoulder,' which was said in a passing remark to his supervisor concerning his inability to work harder. The record shows that he did not advise his foreman when, where or how he was injured or that he was injured as a result of any particular work activity or that he had an accident on the job which caused his shoulder to be injured.
Claimant's supervisor testified that he was never informed of the alleged shoulder injury and that there was no accident report on record as to this particular injury.
Claimant consulted a private physician with respect to the alleged injury on February 11, 1968. Claimant continued to work after the alleged accident until March 20, 1968, when he was laid off due to a general reduction in the work force. On March 28, 1968, claimant filed a claim for compensation with the Industrial Commission.
The claimant introduced medical reports at the hearing before the Referee which indicated that he had indeed sustained an injury. However, the Referee found that, '* * * claimant has failed to establish that the condition of which he complains was due to any accidental injury or occupational disease as defined by law.' The Referee denied the claim for compensation and medical benefits.
On review, the Industrial Commission adopted the Referee's findings and order denying compensation. On appeal, the district court remanded the cause for more specific findings of fact.
The Referee in his more extensive supplemental findings of fact found, 'that the claimant has not sustained his burden of proof to establish that he suffered an injury to his shoulder in an accident arising out of and in the course of his employment, and, therefore, the claimant's claim for compensation is denied.' The Industrial Commission again adopted the findings of the Referee and denied compensation. On appeal, the district court found that there was sufficient evidence in the record to warrant the conclusion of the Referee and affirmed the final order of the Industrial Commission. Claimant appeals this judgment.
We have reviewed the record and conclude that the judgment of the district court is correct. The burden of proof rests on the claimant to establish a direct causal relationship between his injury and his employment. This he did not do. Brown v. Industrial Commission, 167 Colo. 391, 447 P.2d 694; Finn v. Industrial Commission, 165 Colo. 106, 437 P.2d 542.
Judgment affirmed.
COYTE and DUFFORD, JJ., concur.