Downen v. Allstate Insurance Co.

OPINION

ANDERSON, Justice.

In this worker’s compensation action, the trial judge sustained the defendant Allstate’s motion for summary judgment, holding that, as a matter of law, the expert medical proof was insufficient to support an award to the employee’s widow for worker’s compensation death benefits. The widow appeals, contending that the deposition of her deceased husband’s physician raises genuine issues of material fact as to whether her husband’s heart attack arose out of his employment. We agree and reverse.

FACTS

The plaintiff’s husband, Hugh Downen (“Downen”), was an over-the-road…