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ADEE v. RUSSELL STOVER CANDIES, INC.

No. 99,257.

186 P.3d 840 (2008)

Marva Jolene ADEE, Deceased, Appellant, v. RUSSELL STOVER CANDIES, INC., and Travelers Indemnity Company of America, Appellees.

Court of Appeals of Kansas.

July 3, 2008.

Attorney(s) appearing for the Case

Patrick W. Neustrom, of Neustrom & Associates, P.A., of Salina, for appellant.

Brenden W. Webb, of Couch, Pierce, King & Hoffmeister, of Overland Park, for appellees.

Before HILL, P.J., ELLIOTT and PIERRON, JJ.

HILL, P.J.

This appeal arises from the Workers Compensation Board's rejection of a surviving husband's workers compensation claim made after his wife died of a heart attack while working at the Russell Stover Candies, Inc. (RSC), plant in Abilene. A heart attack is not a compensable injury under Kansas law. But compensation can be awarded if a worker suffered a loss of chance of surviving a heart attack because of the negligence...

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