A work compensation board must re-evaluate whether external forces triggered a fatal heart attack immediately after an engineer's business trip, making the incident compensated.
In Larson v. Excel Industries Inc, the Kansas Court of Appeals on Friday ruled that the Kansas Workers' Compensation Appeals Board erred in stating that a widow's argument was explained that travel delays and lack of medicine caused his heart attack and that she should be entitled to benefits.
Thomas Larson worked as a senior quality engineer for Excel Industries Inc., a position that required occasional business travel. In November 2016, Larson began to have difficulty breathing when he was in luggage after flying home from his business trip; he had a heart attack and died at the hospital the next day.
His widow, Pamela Larson, sought benefits from her surviving spouse. She claimed that her husband's heart attack could be compensated and caused by exertion beyond what was usually required by his job as well as external factors ̵
The Board of Appeal rejected most of Mrs Larson's allegations, but ruled that the board was wrong in considering that its external forces claimed it was tough. The Court held that the Board had an obligation to evaluate the theory and erred in failing to distinguish the theories of unusual effort and external forces in its decision.
The court noted that the fact that Thomas failed to prove the unusual effort. the theory "does not necessarily exclude a claim that an external force triggered" heart attack and referred the matter back to the board. Catalog