Titterington v. Brooke Insurance

The opinion of the court was delivered by

Nuss, J.:

This is an employer’s appeal from an award of benefits by the Workers Compensation Board. Benny Titterington was a salesman for Brooke Insurance Company (Brooke) who died after his 'car left the highway and then struck an embankment. An administrative law judge (ALJ) approved the claim for benefits filed by Titterington’s surviving spouse and dependent children. The Board affirmed, and Brooke appealed, claiming Titterington died as a result of a heart attack and an award therefore was barred by K.S.A. 44-501(e), the so-called heart amendment.…