King v. Jones Truck Lines

OPINION

ANDERSON, Justice.

In this worker’s compensation action, the trial court awarded death benefits to the employee’s widow. The trial court found that the employee had suffered an injury to his spleen which arose out of and was in the course of employment, and which resulted in his death. We disagree that the death arose out of employment, because we find that the spleenic injury was caused by cardiopulmonary resuscitation following a heart attack which was not caused by employment. Therefore, we reverse.

FACTUAL HISTORY

Billy J. King (“King”) was six feet, two and one-half inches tall,…