It can be very difficult to prove that heart disease or hypertension (high blood pressure) arose out of and in the course of employment. In fact, the American Heart Association does not recognize work stress as a proven cause of hypertension. However, there are a variety of classes of jobs within the State that are given special advantages when pursuing workers' compensation claims for heart disease and hypertension. When certain conditions are met, these employees do not have the burden of proving their claim.
The State has the burden of proving that the heart disease or hypertension was caused by something outside of employment. This advantage, referred to as a 'rebuttable presumption' is enormously important but it is not absolute. To determine whether the rebuttable presumption can be asserted in your claim, you can contact us to schedule a free consultation.
Claims can be successful without the benefit of the rebuttable presumption. Any claim for heart disease and hypertension should be fully considered given the significant impact it will have on an injured worker and his/her family. Whether your claim is eligible for the rebuttable presumption or not, whether you work for the State or not, there are very strict time limitations to pursue this type of claim.
A formal notice of claim must be filed within one year of the date of the injury. If you've already been told by a doctor that you have heart disease or hypertension, the clock is already ticking. Contact the Law Offices Of Mark Merrow to take action today!