Recently, an appellate court upheld a finding that a fatal heart attack was directly related to the stress of managing a supermarket on Super Bowl Sunday and awarded benefits to the manager’s widow, a client of Polsky, Shouldice & Rosen, P.C..
Following a lengthy trial, attorneys from Polsky, Shouldice & Rosen, P.C. were able to convince the Workers’ Compensation Board that while their client’s husband did have pre-existing cardiovascular disease, the excessive stress and pressures of running a busy supermarket on Super Bowl Sunday caused the manager’s fatal heart attack. As a result, the manager’s widow was awarded weekly benefits payable by the carrier which will continue into the future.
The carrier appealed the decision of the Workers’ Compensation Board, however, the lawyers at Polsky, Shouldice & Rosen, P.C. were able to overcome the carrier’s appeal. Polsky, Shouldice & Rosen, P.C. was successful in convincing the appeals court that the testimony of their medical expert showed that the heart attack was the result of the manager’s stressful job and they affirmed the award of benefits to the widow.
Roberts v Waldbaum’s Appellate Division, Third Dep’t #513795