Cal Now For A Free & Confidential Consultation 860-322-5302

Blog

Widow of Heart Attack Victim May Recover Worker’s Compensation Benefits, According to the Connecticut Court of Appeals

Posted by Paul Levin | Sep 18, 2012 | 0 Comments

The widow of a man who died from a stress-induced heart attack may claim worker's compensation benefits, according to a ruling from the Connecticut Court of Appeals. The defendants in Wikander v. Asbury Automotive Group alleged that the plaintiff was ineligible for benefits because she did not file her claim within the time period required by statute. The worker's compensation commissioner ruled for the plaintiff, and the Worker's Compensation Review Board and the Court of Appeals affirmed the judgment.

The decedent, Thomas Wikander, was an employee of Asbury Automotive Group. He died of a heart attack while on a business trip in Texas on September 25, 2007. The medical examiner determined that stress from Thomas Wikander's employment played a substantial role in his death. A cardiologist in Connecticut would later concur with this determination.

Thomas Wikander's widow, Donna Wikander, filed a claim in 2008 for benefits from Texas' worker's compensation program. After Asbury denied liability and an attorney informed Wikander that Texas would not grant benefits for a heart attack, she did not pursue the claim. Wikander filed a claim for worker's compensation benefits in Connecticut in September 2009, nearly two years after her husband's death. Asbury did not file the form 43 used to dispute liability, so Wikander filed a motion to preclude them from denying liability.

About the Author

Paul Levin

Attorney Levin was admitted to practice law in the State of Connecticut beginning 1989 and in New York Federal district court beginning 1992. He is a member of the Connecticut Trial Lawyers Association, Connecticut Bar Association, and the National Association for American Justice. Prior to establishing his own law firm, Attorney Levin was associated with the...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Where We Serve

Statewide practice serving all counties throughout Connecticut and the following cities: Hartford, Bridgeport, New Haven, Stamford, Waterbury, Norwalk, Danbury, New Britain, Bristol, Meriden, Milford, West Haven, Middletown, Norwich, Shelton, Torrington, New London, Ansonia, Derby, Groton and Winsted.

Menu