Theodore Fleisner, Inc. v. Department of Industry, Labor & Human Relations

This appeal involves a judgment confirming a Department of Industry, Labor & Human Relations order awarding defendant-respondent Theodore Fleisner workmen’s compensation for damages resulting from a heart attack he suffered while digging in a ditch. Two issues are presented: (1) Does credible evidence support the department’s finding that the heart attack arose from Fleisner’s employment? It does. (2) Did the department commit prejudicial error in failing to require the parties to exchange medical reports prior to the hearing and in failing to delay the hearing to allow plaintiffs-appellants…