Legal Question in Workers Comp in California
Heart attack of police or peace officers
I have been a police officer for 15 years. I recently suffered a heart attack & have been disabled for 3 months. I have filed a workers' compensation claim against the city which employed me because I feel that the continuous job-related stress which I was under was a major factor in bringing about my heart attack.
The city has denied my claim, stating that, since the heart attack did not occur while I was actually at work, it is not work-related. Is it possible for me to prevail in this case?
1 Answer from Attorneys
Peace Officer Presumption under the law
Under California state law, a firefighter or peace officer who suffers a cardiac arrest is presumed to have injured in the course of his/her employment. In other words, the law puts the burden on your employer of showing, through medical evidence, that your heart attack was not work-related.
If your doctor feels that the stress at your job was a key contributory factor to the heart attack, then you certainly have a strong case. Even if you were to present no evidence that the injury is work-related, your employer would still have to show that it was not.
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