In the vast majority of cases, employees seek to secure workers' compensation benefits for relatively common injuries such as work-related sprains and strains. However, employees may also seek to secure work comp benefits for more unconventional work-related injuries such as strokes, heart attacks and even psychological conditions.

To illustrate, consider a recent case out of Pennsylvania where a 50-year-old man who suffered a stroke while on the job was recently awarded work comp benefits equal to 66 percent of his compensation, as well as medical payments for costs related to his stroke.

According to court documents, John R. was employed as an auto pour operator in a foundry in Forks Township, Pennsylvania when he suffered a stroke that left the left side of his body paralyzed on May 13, 2010.

His job entailed taking both samples and temperature readings from furnaces, removing slag from the furnaces with a jackhammer, and bringing heavy buckets up and down the stairs.

He testified that at the time of the stroke, he was working near two furnaces and that the room temperature was close to 100 degrees. He also testified that he was wearing multiple layers of clothing and sweating heavily before the stroke.

Company officials testified, however, that the temperature was around 70 degrees in the area where John R. was working, and that employees were provided with cooling fans, liquids and breaks. More significantly, they sought to attribute John V.'s stroke to his high blood pressure.

John V.'s attorney, in turn, attempted to rebut this argument by presenting evidence that his client had been taking blood pressure medication.

In the end, the work comp judge found John V.'s argument persuasive and awarded him work comp benefits.

While not exactly groundbreaking, the decision has raised a few eyebrows due to the fact that unlike sprains and strains, it can be harder to prove that a stroke was work-related.

"The incidence of workers suffering strokes at work is obviously very rare," said John V.'s attorney. "To then prove that the stroke was the result of work duties is even more uncommon."

John V.'s employer has already indicated that it is planning to file an appeal with the state Workers' Compensation Appeal Board.

Stay tuned for further news or updates on workers' compensation law from our San Diego firm ...

If you have questions or would like to learn more about workers' compensation benefits, contact an experienced legal professional.

This post was for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

The Morning Call, "Victaulic foundry employee wins workers' comp for on-the-job stroke" Feb. 20, 2012