DW Mallory & Co., Inc. v. Phillips

This case involves an application for compensation benefits filed with the Industrial Commission by the widow of an employee, John Phillips, who suffered a fatal heart attack while at work. After a hearing, a deputy commissioner denied the application. Upon review, the Commission reversed the deputy commissioner and awarded compensation benefits to the widow. On the employer’s appeal to this court, the question for decision is whether the Commission erred in finding that “the work in which [Phillips] was engaged was the precipitating factor in causing his heart attack.”

Employed as a “truck…