Leitz v. Roberts Dairy

Roberts Dairy (Roberts) and its insurance carrier appeal from the unanimous finding by the Workers’ Compensation Court upon rehearing that a fatal heart attack suffered by Roberts’ employee Kenneth E. Leitz shortly after he unloaded *237carts containing frozen ice cream products arose out of and in the course of his employment with Roberts. We affirm.

The appellants’ four assignments of error combine to allege that the Workers’ Compensation Court was clearly wrong in finding that Leitz’ fatal injury arose out of and in the course of his employment with Roberts.

In determining whether the evidence…