Beaudoin Construction Co. v. Industrial Commission

I respectfully dissent.

The hearing officer found that the work being performed by decedent when he suffered his heart attack “was average work for a laborer and not significantly more demanding that the laboring work which the deceased had been accustomed to doing on previous jobs.” However, the officer found the exertion involved in decedent’s work to be unusual overexertion “in that it immediately followed a period of two and one-half to three months of cessation from the decedent’s normal work activities with a consequent deconditioning of his body.” These findings were approved by the…