Work Injury- Medical Complications Causing Death

Date: October 2, 2014
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Ed was employed as a professor at a local university. Part of Ed’s job duties involved mentoring and advising students seeking degrees in the school’s graduate program. One Fall day, Ed attended a lunch meeting with a doctoral candidate to discuss his thesis. When getting up from the table, Ed tripped and fell injuring his back and leg. Ed’s injury required traction and bed rest. While Ed was convalescing, he developed stress, anxiety, as well as kidney and heart trouble. Unfortunately, these conditions led to aseptic pneumonia that caused Ed’s death.

Question: Do Ed’s survivor’s have grounds to file a Fatal Claim Petition for workers compensation benefits?

Answer: Yes. Ed was able to secure credible testimony from a competent medical expert who opined that the physical injuries led to stress and complications that caused Ed’s death. The Judge found that Ed’s medical expert testimony supported a granting of the Fatal Claim Petition.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.