Heart Injuries and Heart Attacks
by Nick Wearne, Associate Attorney
Snow, Carpio & Weekley, PLC
Some work related injuries have special laws that govern
whether they are compensable and how much benefit can be received. One
such law is Arizona Revised Statute 23-1043.01. This section tells us
what is required for a heart related injury to be covered under workers
compensation.
Generally speaking, a heart related injury is not covered
under workers compensation. However, the statute says a heart related
injury is covered when some injury, stress, or exertion related to the
employment was a ‘substantial contributing cause’ of the heart
injury. Whether a work related stress or exertion is a ‘substantial
contributing cause’ is a determination that must be made by an administrative
law judge on a case by case basis.
While it is hard to know ahead of time how a judge will rule
on a heart attack case, we can look at past cases for guidance. In one
Arizona case, Skyview Cooling v. Industrial Commission, a heart attack
was considered compensable where the main cause of the worker’s heart attack
was the workers underlying heart disease but, a work related exertion
precipitated the attack. The worker in this case was walking through
thick mud while doing farm work in Yuma Arizona when he experienced a heart
attack. The worker’s doctors agreed that the main cause of the heart
injury was a blocked artery in the workers heart but, one of the doctors
testified that the exertion from walking through the mud, and the exertion of
having to pull his legs out when he got stuck, contributed to the heart attack
and caused the attack to happen when it did. The heart injury in this
case was considered compensable under workers compensation.
If you have a job that requires stress/exertion, have
experienced a heart attack while at work, and a claim was never filed or has
been denied, call an experienced workers’ compensation attorney. Do not
assume that just because you had heart disease or were somehow predisposed to a
heart attack that you do not deserve coverage. At Snow Carpio and Weekley we will fight to get your past medical expenses covered, we will fight to get
you lost wages while you recover, and will fight to get you the best cardiac
care possible.
