The Illinois Industrial Commission held a
claimant's heart attack arose out of her employment when it occurred
after she attempted to break up a fight between two customers. Although
the claimant suffered from coronary artery disease, the Commission held
the claimant's work activities aggravated her pre-existing condition.
(Anna Hapke v. Wal-Mart, [Ill. Ind. Com.], Nos. 95 WC 7675, 02 IIC 0419,
05/31/02.)
The claimant, a 64 year old retail store
manager, encountered a larger man beating a smaller man in the
defendant's shoe department. She yelled at the larger man to stop. The
larger man allegedly looked up at the claimant but kept beating the
smaller man. Believing the attacker would turn on her next, the claimant
ran the length of the store to get help. The defendant called the police
to the scene, and the combatants fled the store.
The claimant testified she felt chest
pressure and had difficulty breathing after the incident. Her husband
brought her to a hospital later that night, where physicians concluded
she had a heart attack. After tests revealed the claimant suffered from
coronary artery disease, the claimant underwent quadruple bypass
surgery. She suffered severe post- operative complications, which
required her to undergo subsequent gastrointestinal surgeries. The
claimant was unable to return to work, and the defendant terminated her
employment. The defendant did not pay any disability benefits.
The arbitrator awarded benefits, finding the
claimant suffered a heart attack as a result of the unusual workplace
stress of the confrontation. The arbitrator noted both the claimant's
and the defendant's physicians agreed the work stress could have caused
the claimant's heart attack. Although the defendant's physician
contended the claimant's non-compensable coronary artery disease
necessitated the bypass surgery, the arbitrator agreed with the
claimant's physicians and found the emotional event triggered the need
for surgery.
Furthermore, the arbitrator rejected the
defendant's claim that it was entitled to credit for funds in
contributed to the claimant's health insurance. Because the claimant
alleged she paid her own insurance premiums and the defendant failed to
provide evidence of contribution, the arbitrator refused to grant the
defendant credit.
On appeal, the Commission affirmed and
adopted the arbitrator's findings with respect to compensability and the
claimant's entitlement to permanent total disability benefits. However,
noting the parties stipulated to review that the defendant contributed
$204,971 to the claimant's health insurance, the Commission concluded
the defendant was entitled to credit in that amount pursuant to Section
8(j) of the WCA.
