Texas: Compensable Heart Attack Need Not Occur During Work Hours

Texas: Compensable Heart Attack Need Not Occur During Work Hours

A Texas appellate court, construing Tex. Lab. Code Ann. § 408.008(1), that generally requires that in order for a heart attack to be compensable, it must be identified as having occurred at “a definite time and place” and must have been caused by “a specific event occurring in the course and scope of the employee's employment,” held that there is nothing in the plain language of the statute to support the argument that the statute requires the heart attack to have occurred during work hours.  In the instant case, the employee attended a two-day fire training school as a requirement of his employment.  He suffered a fatal heart attack in the evening one day after he had completed the course. Medical evidence indicated the exertion from the course caused his cardiac event. There was ample evidence to support the jury determination that the heart attack arose out of and in the course of the employment.

Reported by Thomas A. Robinson, J.D.

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See New Hampshire Ins. Co. v. Allison, 2013 Tex. App. LEXIS 9604 (Aug. 1, 2013) [2013 Tex. App. LEXIS 9604 (Aug. 1, 2013)]

See generally Larson’s Workers’ Compensation Law, § 50.03 [50.03]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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