Adee v. Russell Stover Candies, Inc.

Hill, J.:

This appeal arises from the Workers Compensation Board’s rejection of a surviving husband’s workers compensation claim made after his wife died of a heart attack while working at the Russell Stover Candies, Inc. (RSC), plant in Abilene. A heart attack is not a compensable injury under Kansas law. But compensation can be awarded if a worker suffered a loss of chance of surviving a heart attack because of the negligence of an employer or coemployee and that loss arose out of the employee’s employment. To be compensable, there must be a causal connection between the employment and the…