Harry Hall v City of Richmond Heights
Release Date: July 2, 2021 (Jan 2014)
Venue: St. Louis
Summary: Commission 2-1 affirms denial of a "hybrid" claim under 287.067.6 that stress of a career police officer caused his cardiac death.
Inj. 14-032369
final award deny comp - affirm (mo.gov)
Cast:
Schaefer, ALJ
Martin
Hilliker
Shreim
Schuman
Mankowitz
Comments:
ALJ rejected motion in limine to exclude Dr. Markowitz' report which concludes his heart disease was idiopathic, which was admissible based on his experience, even without proof of an separate genetic marker to show heart disease. Claimant must show that cardiac conditions -- spasm, afib, and bicuspid aortic valve and hypertension had their origins in his work. The ALJ found allegations were nebulous and non-specific beyond general allegations that work can be stressful and confrontational.
Claimant had received a prior settlement in 1990 related to a heart attack.
The ALJ notes a job reference letter written by claimant's counsel which does not mention limitations related to stress.
