Scherf v. State ex rel. Dep’t of Workforce Servs., Workers’ Comp. Div.

Robert Scherf suffered a heart attack at work while servicing a front end loader. Scherf died of acute myocardial infraction with cardiogenic shock. Claimant, Scherf’s widow, applied for workers’ compensation death benefits. The Wyoming Safety and Compensation Division denied benefits. The Office of Administrative Hearings (OAH) upheld the denial of benefits, concluding that although Claimant had proved a causal link between Scherf’s work exertion and the myocardial infarction, Claimant failed to prove that exertion itself was unusual or abnormal for the particular employment in which Scherf was engaged. The district court affirmed. The Supreme Court reversed, holding that the OAH conclusion that any unusual or abnormal employment exertion Scherf experienced was not unusual to or abnormal for an employee servicing heavy equipment was contrary to the overwhelming weight of the evidence. Remanded for entry of an order awarding benefits. View "Scherf v. State ex rel. Dep’t of Workforce Servs., Workers' Comp. Div." on Justia Law