Warner v. Department of Labor & Industries

Claimant, the widow of Harry B. Warner, appeals from an order of the superior court dismissing her claim for a pension under our workmen’s compensation act. The order of dismissal, entered after a challenge to the sufficiency of the record, is based upon the trial court’s conclusion

that, as a matter of law, the Certified Appeal Board Record herein contains insufficient evidence to establish a prima facie case, or to present a question of fact for a jury.

This is another heart case. The sole issue is whether the record contains substantial evidence of “a sudden and tangible happening, of a…