Legal Question in Workers Comp in Louisiana

Exertional Stroke

My husband told his supervisor that he was not feeling well but he will work. During his shift he carried a small refrigerator which caused a exertional stroke. He is in the hospital. We talked to the HR at his work and will not cover this under Workmans Compensation. Is there anything I can do?

Asked on 4/24/04, 2:54 pm

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor
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Re: Exertional Stroke

Dear LawGuru Friend,

Sorry about your husband! Frankly, to me, and based on upwards of 40 years' experience, I think this was an "accident" covered by workmen's compensaton; and they should be paying your husband 2/3 of his average weekly wage during the period of his disability, plus his medically related expenses. Of course, it is his responsibility to furnish his employer a disabilty slip from his doctor, and the doctor should supply some written verification to the employer that indeed the stroke was "exertional", as you described it: that it was caused by something done on the job and in the course and scope of your husband's employment. The workmen's compensation law calls it an "accident" which triggers a worker's compensation claim. Call the local State of Louisiana Department of Labor, Office of Worker's Compensation and get what literature they may provide you. Also, I suggest getting a lawyer to handle a worker's compensation claim for you. Also, you may find out who the worker's compensation insurer is for your husband's employer and write them a certified letter making demand for worker's compensation benefits. I believe you will get it. Also, since your husband is disabled and getting no money, go ahead and apply for Social Security disability benefits. Also, apply for food stamps, medicaid, etc. It looks to me like the employer and/or its insurance carrier is doing him wrong. There is more to it than this, but this is something to think about. Feel free to call me to discuss this matter!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

(337) 4789-6126

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4/24/04, 4:56 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office
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Re: Exertional Stroke

The comp laws have changed drastically during the past decade, most being in favor of the employer. I suggest you seek to have your health insurance pick up the bills, and see if your husband is covered under short and/or long term disability at work. Also, you should request the treating physician for a report detailing what caused the stroke. Strokes, heart attacks and the like are difficult to "pin" on a work related accident. I sincerely hope Mr. Parkerson is correct in his opinion that your husband should be covered by WC. Good luck.

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4/26/04, 8:15 am

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