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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Heart Attack Possibly Caused by W/C Case

    Just a question for the group,

    I have been on restricted duty since march 2010 due to a shoulder injury that will require surgery. Since I had a heart attack approximately 1 year ago and had a stent inserted I was required to take plavix. The W/C Dr. refused to do surgery until I was off plavix. My cardiologist first prescribed taking me off plavix and putting me on lovanox for a bridge treatment for about 10 days for the surgery but the W/C Dr. still would not do the surgery. I then finally hit the magic 1 year mark and my cardiologist gave consent to take me off of plavix for the surgery. 6 days after stopping the plavix and the afternoon before I had surgery Yep, had another MI caused by a blood clot from not taking the Plavix. W/C is balking about taking care of this even though it was their Dr's who demanded the no plavix. My Dr. said I would not have had the Heart Attack if I had not stopped the plavix. I think W/C needs to pony up to the bar and take care of this. What do Ya'll think?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Heart Attack Possibly Caused by W/C Case

    What do Ya'll think?
    Discuss these issues in your WC claim with an attorney... there is no one here where an opinion 'good/bad/indifferent' that matters.

    You Dr would have to make the connection between your injury and non industrial issues to get anything accepted as a compensable consequence to the org injury/claim.
    That is done thorugh providing medical evidence to support your contention the condition is related to your injury...

    At the very least, an atty could tell you the merits and possibilities of your successful resolution to your delays/denials and difficulties you experience.
    I think W/C needs to pony up to the bar and take care of this.
    Doen't really matter what you, or I, or anyone else thinks should happen... the statutes define the benefits we are eligible for... when there is a dispute, you litigate, when you dislike the rules, or the 'why things should be", you elect people that agree with you.
    We could carry a discussion all day, nationwide about ''how things should be", at the end of the day... WC is not a democratic process.
    As I said, discuss the merits of your claim with an Atty, if necessary, file for a hearing.

  3. #3
    Join Date
    Sep 2008
    Posts
    168

    Default Re: Heart Attack Possibly Caused by W/C Case

    Heartattack,
    I think you should be covered!

  4. #4
    Join Date
    Oct 2009
    Posts
    120

    Default Re: Heart Attack Possibly Caused by W/C Case

    Heartattack,

    A heart attack is a health condition you were pre-disposed to be at risk for prior to your surgery or injury to your shoulder. I am sure your cardiologist and surgeon explained to you the risks. It would be a tough battle especially with your history of a heart attack one year ago. If you were to fight this and win, it would open the door for every injured worker to demand treatment for their pre-existing health related risks. Also possibly open the door for liability on the part of the cardiologist and surgeon for making these decisions.

    -H2HU

  5. #5
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Heart Attack Possibly Caused by W/C Case

    an aggravation is an injury whether it is back, arm or heart.
    if the liability is there then it shouldn't remain hidden and used as a false protection of the employer.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Heart Attack Possibly Caused by W/C Case

    As SH said, aggreviation to a pre existing condition could be a compensable consequence subsequent to the org injury. Just as a weight problem may require treatment prior to surgery. ER/IC liable for the weight reduction program...under a Dr oversight of course. Not likely a Jenny Craig "pay for my food'' is going to qualify.

    Just as liver/stomach difficulty may require treatment secondary to long term use of pain medications... compensable consequence.

    At any rate... the heart condition must be tied to the org injury. And it would take much more than a Dr offering the opinion My Dr. said I would not have had the Heart Attack if I had not stopped the plavix. , there is virtually NO way any Dr could predict to eventual heartattack, with or without continuing medication.
    If on the other hand, you actually suffered a heart attack, and through medical evidence, not just opinion, your Dr could support the fact/relationship to the org injury, you would have no difficulty or arguement getting the ER/IC to hold liability.

  7. #7
    Join Date
    Oct 2009
    Posts
    120

    Default Re: Heart Attack Possibly Caused by W/C Case

    I guess the question would be, can this guy win in court fighting for additional treatment related to his heart attack. Is the carrier now liable for lifetime prescription for Plavix and lifetime treatment with his cardiologist who he had previously been treating with prior to his work injury to his shoulder? A heart attack would have to have direct relations to his employment. Was the employee under undue stress uncommon to his job requirements? Was there a confrontation or event to trigger an attack? Of course if the guy got a heart attack while at work doing his regular duties, it would not be compensable as it would be considered an ordinary disease of life unrelated to his job.

    An aggravation to a pre-existing condition is definately compensable. But this is a secondary injury being demanded due to his treatment by his own cardiologist.
    1. A patient on Plavix can still have a heart attack.
    2. The heart attack occurred before the surgical procedure was done.
    3. And as BviA stated, you would have to prove the doctor told you to stop the Plavix and that there was no risk involved. But I am sure the doctor informed the patient of risks.

    As SH said, aggreviation to a pre existing condition could be a compensable consequence subsequent to the org injury. Just as a weight problem may require treatment prior to surgery. ER/IC liable for the weight reduction program...under a Dr oversight of course. Not likely a Jenny Craig "pay for my food'' is going to qualify.

    Just as liver/stomach difficulty may require treatment secondary to long term use of pain medications... compensable consequence.
    I've never heard of a carrier providing weight loss treatment for a patient. Do they do that? That has to be a special circumstance. And I agree that stool softeners go well with Percocet, but the carrier isn't going to agree to pay for a liver transplant because the patient thinks the medication caused liver disease.

    -H2HU

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Heart Attack Possibly Caused by W/C Case

    Yeah... weight loss program is common pre surgery. So is treatment necessary to bring diabetes under control pre surgery. The treatment though would not necessarily be long term post resolution of the claim. IE, due to sedentary restrictions, and weight gain, IMHO, there would be no continuing liability on the ER/IC....

    And I agree that stool softeners go well with Percocet, but the carrier isn't going to agree to pay for a liver transplant because the patient thinks the medication caused liver disease.
    There have been claims where the ER/IC is liable for liver transplant secondary to long term opiate/strong pain medication... chronic pain over several years. Completely compensable secondary to orginial injury. Typically spine injuries.
    These are the claim the IW should not consider cashing out the FMC...never enough money to cover the potential costs. And, I'd have to think the carriers would rather take the bet an IW would ''expire'' long before this kind of treatment would be necessary.
    because the patient thinks the medication caused liver disease.
    lol... we all know it doesn't matter what the IW thinks...but if a Dr can make the connection between the subsequent condition/symptom/complaint and the org injury... probably require litigation, but also probably compensable in the end. (sorry about the lol... couldn't resist this time. )

  9. #9
    Join Date
    Jul 2011
    Posts
    4

    Default Re: Heart Attack Possibly Caused by W/C Case

    heart attack and numbers of the lungs problems arises due to the lack of the exercise and running. The reason is that the people are too much occupied in their lives and have leisure time to join the gym or fitness center.

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