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You are here: Home / Claim Management / Legal Doctrines / Heart Claims Require Direct Link Between Unusual Exertion and Heart Attack

Heart Claims Require Direct Link Between Unusual Exertion and Heart Attack

January 8, 2011 By //  by Robert Elliott, J.D. Leave a Comment

Washington State’s Labor & Industry Department issued a statement involving the death of a police officer and related pension claim. The officer died from a heart attack while on post at the scene of a shooting.

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“We’re very sorry about the officer’s death, (and) we understand that this is a great loss to his family and to the entire community.

“Because of the
recent deaths of several police officers in the line of duty, L&I gave the pension claim by the officer’s family an exceptionally thorough review. This included a review of the results and related laws by the Attorney General’s Office. (WCxKitz)

“The result
of our review was that the officer’s death does not qualify for pension benefits through the workers compensation program. Without written permission of the man’s family, the law prohibits us from releasing further details.

“What we can say
is that the state workers comp program is allowed to pay death benefits to survivors if the death of their loved one is related to an industrial injury or occupational disease. In most cases, work-related deaths are clearly recognizable as such. In some instances, it is less clear that a death was work related. (WCxKitz)

“The law requires
that payments of pension benefits for deaths involving a heart problem must show a direct link between the heart attack and some unusual physical or emotional exertion not normally expected as part of the person’s job.

“We understand
that the denial of such a claim can be traumatic and frustrating for the survivors and there are remedies in place to appeal such decisions.”

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Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

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Filed Under: Legal Doctrines Tagged With: Legal Issues: Employers & Employees, Washington State WC Law

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