Pennsylvania Death: Work Related, Not Compensable

August 1st, 2011 by

David Little worked for B & L Ford in Ashland, Pennsylvania. He suffered a shoulder injury in October 2005. He worked light duty up until January 19, 2006, when the employer received a letter from his attorney stating he was unable to perform any manual labor. The employer advised Little to secure a note from his doctor regarding his ability – or inability – to work. His doctor gave Little a letter stating he was unable to work, but before Little had the opportunity to present the letter to B & L Ford, they sent Little a letter of their own, terminating him.
Little spent a weekend brooding over the termination. He called his wife home from her job on Monday. She found Little at the kitchen table, holding the termination letter. He stood up and then collapsed from a heart attack. Emergency workers had to pry the letter from his hand. Little died later that day at a hospital.
Was this a work-related fatality? Little’s widow filed two workers comp claims, one for Temporary total benefits up until the death, and one for death/survivor benefits.
Small Victory, Big Loss
A workers comp judge awarded temporary total disability benefits up to the date of Little’s death; once Little became “unavailable” for work (i.e., dead), the benefits ceased. On the issue of a work-related fatality, the judge found – and the Commonwealth Court of PA upheld – that the death was not work related, as it neither occurred “in the course and scope of employment” nor did Little’s activities on that fatal day “further the interests” of the employer.
There is no question that the loss of his job was a significant, perhaps predominant, factor in Little’s death. However, personnel actions (discipline, demotions and terminations) are generally excluded from workers comp coverage. The sequence of events that began with his attorney’s letter culminated first in the loss of the job and then in a fatal heart attack.
Given that Little had filed a workers comp claim and the employer apparently fired him because of his injury, the widow might be able to sue for wrongful termination. But the courts have made it clear that aside from a modest indemnity payment for lost time, workers comp will provide the widow no solace and no support for the work-related loss of her husband.

Tags: , ,