August 24, 2015
Employee Was Worked to Death, Widow Gets Comp
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A maintenance worker put in 14+ hours one day at work, which included using a jackhammer for hours. He died on the job of a heart attack. His widow wants workers’ comp death benefits. His employer denied her claim. Why did a court conclude his death was compensable?
Robert Dietz worked for the Lower Bucks County Joint Municipal Authority in Pennsylvania as a field maintenance worker for 20 years.
His job regularly included heavy labor including jackhammering to dig up the road, repairing water main breaks and cutting tree roots out of the sewer system. He frequently worked more than 40 hours per week and was always on call.
On Nov. 7, 2007, he started work at 7:00 a.m. At 9:35 p.m., Dietz called his wife to tell her that he and other crew members were still working but that the job would likely be finished soon. His wife says he told her he had been doing roadwork and jackhammering for hours.
At 10:45 p.m., one of Dietz’s co-workers came to his house and took his wife to the hospital where she learned her husband had died of a heart attack after collapsing on the job.
His wife filed for workers’ comp death benefits. His employer denied the claim.
His wife filed for workers’ comp death benefits. His employer denied the claim.
A workers’ comp judge (WCJ) heard the case.
Dietz’s widow presented testimony from a physician who was board certified in emergency medicine and thoracic surgery, including cardiac surgery. The doctor testified:
- Dietz was in full cardiac arrest when first responders arrived.
- He couldn’t be resuscitated at the scene or at the hospital.
- In 2002, Dietz was diagnosed with mild narrowing of the arteries in his legs that didn’t require treatment.
- Also in 2002, Dietz went to the hospital complaining of chest pain, but tests didn’t reveal any signs of coronary artery disease or a heart attack.
- Dietz’s death certificate stated he died of a “sudden heart attack.” A sudden heart attack occurs when there is a sudden blood clot in a heart artery which can be caused by conditions such as cold weather, stress and physical labor. This, coupled with a small tear in the lining of the heart artery caused by physical labor, leads to the heart attack.
Read Full Article At Safetynewsalert.com
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