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Defense Award in Workers’ Compensation Case

March 23, 2009

Chris Whitlock handled a death claim where the deceased’s family alleged that a heart attack and ultimate death, one year after the Claimant’s severe work injury, should be considered a superadded injury. Several expert depositions were conducted and although each physician testified that the Claimant’s stress level and emotional state after his work injury could have contributed to his heart attack, the prevailing expert opinion was that the Claimant most likely died of an arrhythmia due to his pre-existing heart condition. The claim was litigated at the State Board in Dalton, Georgia. Following a review of the evidence, the Judge agreed with the Employer/Insurer and denied the deceased’s family members claim for death benefits due to an alleged superadded injury.

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