Possibly, and you don’t necessarily have to work in a “high stress” work environment such as driving a bus or working on the New York Stock Exchange. Some people who file Workers Compensation claims for “job related” heart attacks may work in what may appear to an outsider on a “stress-free” job site.
But let’s face it, all jobs come with a certain amount of stress and we all respond differently when the heat is on. Some individuals thrive in the “fast lane” (it seems like these people don’t go into a decline until they retire). Others do not respond well to criticism by supervisors while yet others take the stress of the job home with them – resulting in a sleepless night(s). Because of these factors, medical and legal assessment of whether job related stress led to a heart attack can be a rather subjective process – as opposed to objective. We are all different and there is an old maxim in this area of law, which says “the employer takes the employee as he comes” (whatever his strengths and weaknesses). Neither does the job stress need to be the sole and undisputed cause of the heart attack. The law in this state is such that the injured worker need only make a showing, through substantial evidence, that the cardiovascular condition was aggravated or only partially caused by the alleged stress on the job. Accordingly, fair or unfair, chronic smokers and people with obesity issues can (under certain circumstances) successfully bring these claims.
The Bridgeford Law Office is located at 27200 Tourney Road, Suite 275 in Valencia. For more information, please call 661-257-0055.
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- Pamela Ripling Wins Zonta’s Carmen Sarro Service Award
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