Court Affirms Benefits for Heart Attack on Job

January 23, 2009 by Randy Zeldin

Many clients contact Randy Zeldin, Boca Raton workers' compensation attorney, to inquire whether heart attacks are covered injuries. The answer is not simple. It is clear that if the heart attack was the result of a mental or nervous injury alone, they are not covered injuries. In a recent case, Speed v. Securities, the First District Court of Appeals required coverage for a heart attack, for a borderline injury. The worker was in an elevator which malfunctioned and dropped, causing the man to experience a 'stress response' and afterwards a heart attack.

The Court reasoned that this was not a mental or nervous injury, but a physical injury, which was at least 51% responsible for the heart attack. The insurance company did not present evidence to refute the claim. Contact Randy Zeldin, Esq., with offices in Boca Raton, Ft. Lauderdale and West Palm Beach, to discuss any issues you may face concerning a heart attack.