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LawGuru Workers' Compensation FAQs
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. e 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?
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.
Updated: 09/25/99
IMPORTANT INFORMATION
If your case deals with
personal injury (automobile accidents, motorcycle
accidents, pedestrian accidents, slip and falls, dog
bites, medical or legal malpractice) or workers'
compensation cases (accidents at work) and deals with
California law, you can reach us 24 hours a day, 7 days
a week just by calling 1-800-LAW-TALK, from anywhere in
the United States, for a free consultation. You can also
reach us from outside of the United States by calling
323-934-9899. Please submit all other types of questions through
the BBS.
By the way, don't be scared, but the California
Workers' Compensation law requires us to tell you that:
"Making a false or fraudulent workers' compensation
claim is a felony subject up to 5 years in prison or a
fine of up to $50,000 or double the value of the fraud,
whichever is greater, or by both imprisonment and fine."
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