Super Bowl Stress Qualifies for Workers’ Compensation Death Benefits By Levine & Slavit PLLC on October 04, 2012

The claimant’s deceased husband suffered a heart attack and died on Super Bowl Sunday of 2010 while working as acting store manager of a Waldbaum’s supermarket in Roberts v. Waldbaum's, 513795, 2012 WL 4449387 (3d Dept., September 27, 2012).  Claimant applied for workers' compensation death benefits alleging that the heart attack (myocardial infarction) was triggered by the stress and excitement resulting from the responsibility of running the entire store on Super Bowl Sunday, an historically busy day at the store.  Also, several hours earlier decedent was involved in an altercation with an irate customer.  The Appellate Division upheld the determination of the Workers’ Compensation Board that decedent's death was causally related to his employment.

Interestingly, claimant’s medical expert concluded that the heart attack was triggered by the stress and excitement of the day even while conceding that decedent suffered from extensive cardiovascular disease.  The employer’s expert concluded that there was no evidence of significant work-related stress or aggravation immediately preceding decedent's collapse, and therefore decedent's death was not causally related to his employment.

The court noted that although the altercation with the customer occurred hours before decedent's death, the employer's expert also testified that, while uncommon, it is possible that an event that does not occur in close proximity to a myocardial infarction could still be a triggering event.

For over 50 years spanning 3 generations, we have obtained results for satisfied clients. We have offices in Manhattan and Long Island, handling cases in New York City, the Bronx, Brooklyn, Queens and surrounding areas. If you or someone close to you has been injured in an accident or been the victim of medical malpractice, contact the personal injury lawyers at Levine & Slavit, PLLC for their help. To learn more, you can go to our "Injured? What Next" page, and watch our videos.

Related to This

Levine & Slavit, PLLC Logo

Levine & Slavit, PLLC

The law firm of Levine & Slavit, PLLC has served clients in Long Island and the Greater New York City-area since 1957. We are a team of personal injury and wrongful death lawyers who work tirelessly for victims' rights. Our team is licensed and affiliated with the:

  • New York State Bar Association
  • New Jersey Board of Bar Examiners
  • Florida Board of Bar Examiners
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York

Please contact our practice online for a free consultation or call (212) 687-2777 to speak to an attorney today. 

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 60 E 42nd St Ste 2101 New York, NY

Manhattan Office

60 E 42nd St
Ste 2101
New York, NY 10165

Closed Today

By Appointment Only

Google map image of our location in 350 Willis Ave Ste 100 Long Island, NY

Mineola Office

350 Willis Ave
Ste 100
Long Island, NY 11501

Closed Today

By Appointment Only

(212) 687-2777 Send a message