Kleman v. Ford Motor Co.

Decedent employee died as the result of a cardiac arrest occurring during his workday. The issue is whether his death arose out of his employment. The decision of the Workers’ Compensation Board adopting the findings of the compensation judge is notable for failure to consider the medical evidence essential to decision. It is clear beyond dispute that decedent suffered from a severe and progressively worsening atherosclerotic condition of the heart — in the words of claimant’s own expert medical witness, Dr. Frank Kapps: “He was ill. This was a borrowed-time heart, so to speak.”

It is settled…