Gardner v. Prompt Foods Corp.

Plaintiffs appeal by leave granted an order of the Workers’ Compensation Appeal Board (appeal board) reversing an award of benefits by the administrative law judge.

The stipulated facts are that Douglas J. Gardner, an employee of the defendant, an Ohio corporation doing business in Michigan, was killed in an automobile accident in Michigan on August 17, 1976. He was a resident of Ypsilanti, Michigan. The accident arose out of and in the course of Gardner’s employment. On April 25, 1977, Gardner’s second wife, Karen W. Gardner, and Gardner’s two minor children from his first marriage obtained a…