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Heart Attack Suffered On Business Trip Not Job Related
Description Employee suffered heart attack while on a business trip and later died in hospital in a city away from home. Workers’ compensation claim denied because the heart attack, and the subsequent problems in the hospital, were not attributable to employment.
Topic Employment Law
Key Words Workers' Compensation, Compensable Injury
C A S E   S U M M A R Y
Facts LaTourette, an employee of a California college, was attending a conference in Reno on behalf of his employer when he suffered a heart attack. He had various operations, including bypass surgery, and died in the hospital from a bacterial infection. His estate filed a workers' compensation claim, asserting that the heart attack was caused by job stress. Benefits were denied and LaTourette's widow appealed.
Court of Appeals Decision Affirmed. For an injury to arise out of employment, it must occur by reason of condition or incident of employment. As a general rule, injury from nonoccupational disease does not arise out of employment and is not compensable under workers' compensation law. The heart attack has not been shown to be job related, nor was the immediate cause of death, the bacterial infection.
Citation LaTourette v. Workers' Compensation Appeals Board, 72 Cal.Rptr.2d 217 (Sup.Ct., Calif., 1998)

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