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Ask Larry: "Am I Entitled to Workers Comp Benefits?" : Blog Home : Heart Attack from Work Releated Stress : Article

Claim petition for a heart attack

In a claim petition for a heart attack, the claimant must prove a causal connection between the claimant's work and the heart attack and, if the causal connection is not obvious, must prove it by unequivocal medical testimony. New Enterprise Stone & Lime v. WCAB (Baird), 555 A.2d 974 (Pa. Cmwlth. 1989).

".. .(w)here there is an underlying heart disease which is not work-related, and a precipitating cause of heart disease which is work-related, the Claimant may recover as long as there is a causal connection between Claimant's work and the heart attack, and if the causal connection is not obvious, Claimant must demonstrate it by unequivocal medical testimony." Id.

The requisite causal connection between the heart attack and the employment must not be absolute but must only be related thereto. Lamoreaux v. WCAB (Celotex Corp), 497 A.2d 1388 (Pa. Cmwlth. 1985). Pre-existing diseases of the heart that are aggravated by exertion at work are compensable if an actual heart attack occurs or the employee suffers other disabling symptoms due to the underlying heart disease. City of Wilkes-Barre v. WCAB (Pickett), 682 A.2d 1357 (Pa. Cmwlth. 1996).

As the court made clear in Krawchuk v. Philadelphia Elec. Co., 497 Pa. 115, 439 A.2d 627 (1981), in the case of a heart attack, if the circumstances or factors causing the injury occurred in the course of employment, a claim can be compensable and the heart attack can be found to have occurred in the course of employment.

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