A trucker who had a heart attack while on the job has been awarded workers compensation after his carrier tried to deny it despite having firing him over his condition.
Back in 2011, trucker Curtis Marvel was securing a load to his flatbed when he started experiencing chest pain. He decided to ignore it and keep working so he could deliver his load, but a short while later he had to pull over and call for help. When he was taken to the hospital, doctors told him he had had a heart attack.
Five days in the hospital and one stent placed in his coronary artery later, Marvel was discharged only to find out that he no longer had a job – his carrier decided that he was medically unable to drive his truck. As it turns out, they were right. Marvel’s condition caused him continued pain in his arm, leg, and chest and he was unable to return to work of any kind. But when he filed for workers comp benefits, his carrier denied him.
According to them, there was no reason for them to pay his benefits because the injury wasn’t work related. Marvel took them to court, claiming that it was his job that caused his heart attack.
During the court case, Marvel’s physician testified that physical stress can make heart attacks more common and a cardiologist said that while there was no way to determine “within a reasonable degree of medical certainty” whether or not Marvel’s tasks for his job on that specific day contributed to the heart attack, that the “emotional stress of driving a large truck while experiencing chest pains could have accelerated the onset of (his) heart attack.”
According to Business Insurance, after a prolonged legal battle, a judge in the Tennessee Supreme Court ruled in favor of Marvel, ruling that his heart attack arouse out of and in the scope of his employment, and as such, he was entitled to compensation.
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Source: businessinsurance
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As a former workers’ comp adjuster, this is an open and shut case. Heart attacks, if they happen while working, especially in a physically demanding job, ARE work related. End of story. The employer probably never sent the claim to the insurance company.
What a crock! I guess Diabetes, High Blood pressure, and others are all work comp claims now. Work Comp and SSDI are simply the new welfare
Eh well the thing is the heart attack happened while he was working. If you’re doing work and get hurt you’re entitled workmans comp. If he would have fallen off the trailer and broke his leg would you think any differently?
The difference is that a heart attack is an ongoing condition that can happen any time. It’s caused by, among other things, poor eating habits and lack of exercise not driving a truck or securing a load. Broken leg is an immediate condition that is caused by current activity.
Remember Euell Gibbons, the man who said, “Ever eat a pine tree? Many parts are edible.” He died of a heart attack. SOme people are unaware they are at risk and assume not since they live a “healthy lifestyle” according to “experts”.
“…poor eating habits and lack of exercise…”
Yeah, that’s definitely not caused by sitting in a truck for hours at a time, everyday, for years on end. Nor does it have anything to do with what “restaurants” you can park a truck near. And there’s certainly nothing stressful about truck driving.
The only thing I wonder about is how he managed to practice these bad habits enough on his home time to cause a heart attack. He must’ve really worked at it!
I agree he should get the workers comp. What I wish they would have reported here is which trucking company, they (companies) certainly aren’t afraid to throw that on the man DAC report!!…or did I miss something here as to which company?
Well I’m glad he got it.
I’m sick and tired of the companies trying to screw drivers every chance they get.
I just wish we had more laws in trucking to protect the drivers from the slave labor we encounter every single day.
Will time off for obesity, gout, bladder and kidney problems, and diabetes be workman’s comp also? These drivers are asked to drive a truck for up to 11 hours a day with only a short break, and then sleep in a small box. If we do not actively seek to help them get healthy, workman’s comp might pay for these diseases also!
2008 I had prostate canser operation, 2010 I had the appendix operation, 2013 I had double bypass heart operation I now want to go back to driving, I need something to do does anybody think they will let me or should I not go back, please help, I’m suppose to start a ten day refreasher course August 10.
Do you have enough parts left to go back to driving? (KIDDING!) There are some companies with relatively low stress customers that might hire you. Check with mail haulers, if there are any in your area.
I don’t think you should. Send entry lifestyle is a slow but sure killer without all the pre existing conditions much more with them.
Sedentary
I think I will take my workers comp and my self, owner operator, to court to get some money. Everyone is so quick to blame someone else for their problems and not look at them aelves.as far as health goes, most truck drivers are fat and lazy. I would like to lose 20 lbs my self. You have a 10 hr break to do other things such as exercise, but most drivers don’t do anything. I would not want someone who just had a heart attack driving for me. When the next one comes, how fast will MY truck be going and how many people will be killed. Then I will be facing a real law suit for have in an employee working with a known medical problem. I lose. That is why I don’t have drivers. The company was right to fire him.
It’s easy to see from the comments who the corporate fascists are! The guy was at work and had just finished “rigging” a flatbed load for travel…… It’s unappreciated as the physically strenuous work that it is…….Denying the Comp claim is BS!
My husband recently died of a heart attack while driving a company work truck. He lived in Georgia and our daughter in college and I live in Florida . Where do I turn ? The “man” he worked for was paying ” under the table”
How do you know the person was overweight? Skinny people also have heart attacks. Trucking is a hard job. Hours are long and stressful.
The man was trying to deliver his load. Thank goodness he got help. To fire someone when they are down. That is awful. No job no insurance. Totally heartless. My guess the ones who said he deserved it have never been sick.
I would like to know what company he worked for.
The wife of a trucker
While the heart attack may have happened on the job the factors that led up to it probably didnt.
If the “stress of driving a truck” could cause a heart attack all by itself most of us would have been dead years ago.
What were the other factors? Blood pressure high long term? High colesterol? Family history? Choice not to stay in shape?
Funny my husband was lifting a 1 inch link sized chain to a fellow driver.He popped a hernia in his stomach He was denied workers comp for the hospital medical bills he ended up with.We were told they didn’t cover hernias ,hemriods ,or dental. Paid comp for over 30 years and finally need it and didn’t cover any. Typical isn’t it.
Well Fizzy if you ever have a work related injury you can pay for it out of pocket. What an assine comment
Of course it was caused by his job. The job of trucking is naturally in and of itself predisposed to all kinds of compromising health issues. The job doesnt just command 14 hours a day, it commands 24 hours a day because the other 10 hours are spent sleeping or getting nutrition and I would hardly call that nutrition if you’re getting it out of the truck stop. Loading up on good eats out of a grocery store is the best option, but those parking lots are not designed for big transport trucks.
Sleep disorders studies have been outed by U of Pennsylvania in recent years have been linked to Alzheimer’s and dementia.
This profession is listed as 1 of the top 10 most dangerous jobs in America. The only ones above truckers is miners and commercial fisherman. Below us are police and firefighters. We are the only ones who lack a safety net regardless of the huge contribution to commercial trade.
It’s appalling how this industry throws drivers overboard when they wear out.
it would be interesting to see some statistics of how many truckers actually retire actively employed as truckers.
Have a lot to say about drivers on the road. But you don’t see the lack of options at the places they have to go to. Truck stops are not a great place for good food, despite what the brain dead tourists will say… And staying in shape, forget about it. I guess you could pull it off, as long as the truck behind you doesn’t run you down while your jogging.
I can imagine a lot of people enjoying their life on the road, but when it comes down to it, they are not doing themselves favors, and no one is going to side with what they see as the hired hands. It is just insulting to see the treatment from the companies to their employee’s. Big money does what it wants.