Legal Question in Workers Comp in California

I had a heart attack about 1 1/2 weeks ago on a business trip in Arizona. I was admitted to the hospital and diagnosed with 3 blocked arteries. They wanted to do a triple bypass but I got them to let me go back to California where I lived to consult with my Cardiologist. He was able to do an Angiogram and install 3 stints instead. My question is, since I was on business, is this worker's compensation? I'm a Sales Manager and there are several high risk factors associated with this group - High Blood Pressure, High Cholesterol and Stress all of which are worsened by constant travel, eating and drinking in many restaurants to meet with clients where fatty and salty foods are often prepared, and the constant stress of having to surpass goals and deal with personnel issues and layoffs.


Asked on 1/20/11, 7:10 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Is your work a cause of the MI? Depends upon which physician you speak to. Medicine has identified numerous risk factors, but a risk factor is not necessarily a cause. Physical stress is actually a positive factor; it used to be, and may still be the situation, that many American males died within 2 years of taking retirement. Married men live longer than single men, but have to deal wilth the added stress of marriage. People with more money are more likely to discover coronary problems before overt symptoms then poorer people. A major cause of people having MI's is that they no longer die at an earlier age from some other disease.

Many years ago I handled the defense of WC cases. Applicant's attorneys could almost always find some Dr. willing to say almost anything [defense Drs. could be almost as bad]. You need to try to find out what caused the MI; had you suffered any injury else where that caused a blot clot that traveled from the injury site to a narrower vessel to block the flow of blood to the heart? Likely no one can tell you why the MI happened. They could not tell me whether I actually had an MI or not [surgeon said yes, my top cardiologist says probably not]. I was told by Myer Friedman, co-author of Type A Behavior, that I was a type B so would not have any pre-60 years old MI [i was 59 when the problems were discovered]; his comment merely made me doubt even more his simplist theory that he even partially abandoned. So what I am saying is that no one can with certainity tell you. You have to weigh the illegal factor of employers often developing a somewhat negative attitude of those who file WC claims for non-direct, clear trauma. With an MI your boss might conclude you can not handle as demanding a job; with a WC application for injury he/she is more likely to adopt that attitude..

You should ask the Drs. involved what they think, but their medical opinion will be shaded by their own social beliefs. you could go to several competent applicant's attorneys and get their opinions [again shaded]. It is also important that you find out what you can do to reduce the likelihood of more symptoms and increase the degree of your recovery.

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Answered on 1/25/11, 8:46 am


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