West Virginia: Fatal Heart Attack Tied to “Natural” Causes, Not Heat Exposure

In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a decision by the state Board of Review that found a worker’s death was the result of natural causes—prior to his death, the worker suffered from obesity, high cholesterol, and type II diabetes. Acknowledging the testimony of the worker’s widow that the outside temperature on the date of her husband’s fatal heart attack was high and that the deceased worker was required to wear fire retardant clothing, the Court also noted that the deceased worker had complained of chest pain and discomfort before reporting to the job site. Workers testified that they drank plenty of water and took rest periods inside a cooled vehicle from time to time. Moreover, medical testimony indicated the deceased worker’s atherosclerotic coronary artery disease had been present for years. The autopsy report found there was no dehydration present. One expert found no indication of aggravation of the pre-existing condition by environmental, external, or emotional factors. Substantial evidence supported the Board’s findings.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Lester v. EQT Corp., 2015 W. Va. LEXIS 64 (Jan. 23, 2015) [2015 W. Va. LEXIS 64 (Jan. 23, 2015)]

See generally Larson’s Workers’ Compensation Law, § 43.03, 44.04 [43.03, 44.04]

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

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