Recently, it has become more difficult for a workers’ compensation claimant to recover for a heart attack. To prove that the heart attack arose out of the individual’s employment, the claimant must demonstrate a causal connection between the heart attack and his/her work conditions. AFLAC Inc. v. Hardy, 250 Ga.App. 570, 552 S.E.2d 505 (2001). In sum, a successful workers’ compensation claimant must show three things: (1) an actual injury exists, (2) the individual was injured in the course of employment, and (3) the injury arose out of the individual’s employment. Even if work related stress exists, non-job related factors may be significant enough for a court to find that the work environment caused the heart attack. Pitts v. City of Rome, 256 Ga.App. 278, 568 S.E.2d 167 (2002).
For more information, please contact Tim Buckley at (404) 974- 4570.
