A 48 year old laborer was required to work in extremely hot conditions while performing strenuous work for his employer. He suffered a stroke while performing his job duties and required emergency brain surgery to save his life.
The injured worker remained in a coma for almost three weeks after the incident and continues to require intensive medical care. He has been left with significant impairments to his speech and motor skills. David F. Stern filed a Claim Petition on the injured worker’s behalf.
To defend against the Petition, the employer focused on the injured worker’s prior history of hypertension and attempted to undermine his testimony about his job duties and work environment by presenting two medical specialists and multiple fact witnesses. The Workers’ Compensation Judge granted the Claim Petition finding that were it not for the work environment and job activities, the injured worker would not have suffered a stroke. Both wage loss and medical benefits were awarded.