A prison guard suffered a heart attack shortly after arriving at work. He later required a triple bypass operation. In a workers' compensation action, the state's Industrial Commission ruled that he failed to successfully prove that the heart attack was an industrial accident. The employee's cardiologist could not say whether the plaque rupture that cause the heart attack was triggered by events before he came to work or after he came to work. Affirming an order denying the employee compensation, the Idaho Supreme Court found that the Commission's factual findings were not "clearly erroneous," and therefore should not be overturned. Henry v. Dept of Corrections, #39039-2011, 2013 Ida. Lexis 31.
     A N.Y. court officer was entitled to the statutory presumption that his heart attack was job-related. Proof of a specific accident or event is unnecessary. In Matter of Warshawsky v. DiNapoli, #3625-08, 2008 N.Y. Misc. Lexis 7146 (Sup. Ct. Albany Co.).
     Appellate court confirms a Human Rights Division decision favoring a corrections officer who was physically able to return to full duty after his heart attack. Although management's physician concluded that the officer could not perform his duties due to the possibility of a physical confrontation with an inmate, the risk was too speculative and hypothetical in nature. N.Y. State Dept. of Corr. Serv. v. N.Y. State Div. of Human Rights (Rice), #504729, 2008 NY Slip Op 9517, 2008 N.Y. App. Div. Lexis 9201 (3rd Dept.).
     Pennsylvania appellate court orders the Compensation Board to restore benefits to a firefighter with heart disease. A cardiologist testified that his passive exposure to noxious smoke was a causative risk factor for atherosclerosis. Repash v. W.C.A.B. (City of Philadelphia), #114 C.D. 2008, 2008 Pa. Commw. Lexis 335 & 566.  
     Florida appeals court upholds a deputy sheriff's workers' comp. claim after he suffered a heart attack while sleeping. The county was unable to overcome a statutory presumption of work-related stress. Punsky v. Clay Co., #1D07-3901, 2008 Fla. App. Lexis 13416 (1st Dist.).
     Florida firefighter with peripheral vascular disease was entitled to disability benefits. The city presented no evidence to overcome a statutory presumption that heart disease is job-induced. It was of no relevance that the claimant was able to perform other occupations. Butler v. City of Jacksonville, #1D06-5918, 2008 Fla. App. Lexis 6937 (1st Dist.).
     Because of a duty-related presumption law, a California appellate court overturns a Workers' Compensation Appeals Board's finding that a correctional officer's heart trouble was unrelated to his job. The officer had developed an upper respiratory viral infection and bronchitis, which spread to the heart, causing a fatal heart attack while off duty. Jackson v. Workers' Comp. App. Bd., #C049041A, 133 Cal.App.4th 965, 35 Cal.Rptr.3d 256, 2005 Cal. App. Lexis 1673 (3d App. Dist. 2005). {N/R}
     The National Institute for Occupational Safety and Health has recommended in a fatality report, that fire departments should provide, consistent with NFPA 1582, mandatory annual medical evaluations to all fire fighters. It also said that exercise stress tests should be required for all firefighters with two or more risk factors for coronary artery disease, and to test carboxyhemoglobin levels as soon as possible on symptomatic or unresponsive firefighters exposed to smoke. {N/R}
     Although a former police officer was able to show that he suffered job-stress induced coronary artery disease, he failed to prove this was "peculiar to" his former occupation. In Connecticut, benefits are limited to a "disease peculiar to the occupation in which the employee was engaged and due to causes in excess of the ordinary hazards of employment. Malchik v. Div. of Criminal Justice, #SC17016, 2003 Conn. Lexis 483 (Conn. 2003). {N/R}
     The President signed legislation creating a presumption that public safety officers who suffer a fatal heart attack or stroke died in the line of duty for purposes of federal survivor benefits. The Public Safety Officers' Benefit Act death payment for 2003 was $267,494, and is indexed annually. Hometown Heroes Survivors Benefits Act of 2003, 42 U.S. Code §3796(k), Pub. L. No. 108-182. {N/R}
     Virginia's Workers' Compensation Commission affirms an award to a firefighter for job-related benefits even though the claimant had a family history of heart disease, hypertension, elevated cholesterol, smoked cigarettes and was obese. Bispo v. Metro. Wash. Airport Auth., VWC #198-70-94, 2003 VA Wrk. Comp. Lexis 541 (VWCC 2003). {N/R}
     Appellate court rejects a duty-related disability claim from a police sergeant who suffered a heart attack. A compensation judge found that the officer's condition was caused solely by smoking and obesity and not by his existing cardiac condition. The three-judge appellate panel affirmed the denial of disability benefits. Voight v. City of Little Falls Police Dept., 2003 MN Wrk. Comp. Lexis 45. {N/R}
     County corrections officer who suffered a heart attack was entitled to disability benefits even though only a hearing officer found that less than 25% of the disability related to his job duties. White v. Co. of Cortland, 97 N.Y.2d, 766 N.E.2d, 740 N.Y.S. 2nd 288, 2002 N.Y. Lexis 487, 2002 N.Y. Int. 0021 (N.Y. 2002). [N/R]
     N.Y. Corrections officer was entitled to statutory benefits for heart disease, notwithstanding a long history of smoking and a family predisposition to heart disease. White v. Co. of Cortland, 3 No. 18, 2002 N.Y. Lexis 487 (N.Y. 2002). [N/R]
     Appellate court upholds the workers' comp. claim of a Beverage Control officer who had a heart attack at work, under a heart law covering state troopers. Alabama v. Adams, #2990945, 784 So.2d 1047, 2000 Ala. Civ. App. Lexis 699. {N/R}.
     Firefighter who suffered heart attack four months after retirement was entitled to comp. benefits for a job-related illness, as his heart problem developed over a period of years while employed as a firefighter. Attaway v. City of Natchitotoches, 651 So.2d 306 (La.App. 1995). {N/R}
     Federal appeals court summarily affirms a lower holding that a city could not refuse to promote a sergeant to lieutenant because of his prior heart problems. Kuntz v. City of New Haven, 1993 U.S. Dist. Lexis 20088, 2 AD Cases (BNA) 905 (D. Conn. 1993); aff'd w/o opin. 94-7140, 29 F.3rd 622, 1994 U.S. App. Lexis 17723 (2nd Cir. 1994); cert. den. 513 U.S. 1058, 115 S.Ct. 667, 1994 U.S. Lexis 8863 (1994). [1995 FP 104-5]
     A terminated corrections officer proved he was injured by an inmate, and was entitled to benefits. A Pennsylvania public employer may not terminate an employee's heart benefits without conducting a due process hearing. Williams v. Dept. of Corr., 642 A.2d 608 (Pa.Cmwlth. 1994). {N/R}
     EEOC orders U.S. Park Police to rehire probationary officer who was terminated because of heart condition (WPW Syndrome). Employers must treat applicants on an individualized basis; a blanket disqualification is discriminatory. Smith v. Hodel, EEOC Final Decision #5880098 (1989) [reversing Appeal #1840698 (1984)].
     City could not refuse to promote a sergeant to lieutenant because of prior heart problems. Dept. could not insist on “full range of duties fitness” when it had permanent light duty lieutenant positions. Kuntz v. City of New Haven, 1993 U.S. Dist. Lexis 20088, 2 AD Cases (BNA) 905 (D. Conn. 1993); aff'd w/o opin. 94-7140, 29 F.3rd 622, 1994 U.S. App. Lexis 17723 (2nd Cir. 1994); cert. den. 513 U.S. 1058, 115 S.Ct. 667, 1994 U.S. Lexis 8863 (1994). [1993 FP 119-20]
     Statutory presumption of job-related causation upheld in Virginia. Fairfax County Fire & Rescue v. Mitchell, 421 S.E.2d 668 (Va.App. 1992). [1993 FP 88]
     Police officer's heart disease was not related to his employment, but caused by obesity and overuse of alcohol. Montgomery Estate v. Portsmouth Police Dept., 358 S.E.2d 762 (Va. App. 1987).
     Three instances of unusual exertion warranted conclusion that cardiac problems were duty-related. As between two insurance carriers, the first disabling incident creates the liability for benefits. City of Clairton v. Workmen's Comp. App. Bd., 506 A.2d 537 (Pa. Cmwlth. 1986).
     Also see: Handicap/Abil. Discr. - Specific Disabilities