Did firm actually work this man to death?
If you’ve got any employees who are logging serious overtime week after week, you’ll want to take note of how the court handled this case.
Judith Dietz v. Workers’ Compensation Appeal was a case that centered around a Pennsylvania municipal water department employee, Robert Dietz, who had a deadly heart attack on the job. Dietz was a 48-year-old field maintenance worker who routinely logged more than 40 hours per week and was always on call. He was also a heavy smoker.
Dietz’s heart attack took place during a 14-hour shift.
Long hours or smoking habit?
After Dietz’s death, his widow, Judith Dietz, sued her husband’s former employer for death benefits. The company tried to get the case dismissed arguing that it was Dietz’s pack-a-day cigarette habit and not the long hours and constantly being on call that caused his death.
While Dietz’s widow did acknowledge the smoking habit, she relied on the testimony of a cardiac specialist, who said what killed Dietz was his long work day performing strenuous physical labor, to make her case.
On appeal, the court sided with the widow and said that the long work hours were to blame for Dietz’s death.
As Judge Mary Hannah Leavitt stated:
The overwhelming circumstantial evidence in this case shows that exertion from Decedent’s regular work activities over the course of a 14-hour workday caused his heart attack.
That means the employer is on the hook for up to 60% of Dietz’s wages as well as another $3,000 in burial costs, under the Pennsylvania Workers’ Compensation Act.
Free Training & Resources
White Papers
Provided by UJET
Further Reading
Heads up: Two pieces of legislation would provide more health savings account (HSA) flexibility for employees, increasing the value of this...
A California carwash has agreed to a $1.2M settlement to resolve wage theft allegations, according to the California Labor Commissioner’s...
The IRS has started rolling out guidance on the One Big Beautiful Bill Act, which contains the no-tax-on-overtime provision and much more. ...
The Department of Labor’s independent contractor (IC) rule that went into effect on March 11 is forcing many businesses to triple-che...
Beware of auto pilot when issuing expense reimbursement checks to employees. Some, or all, of the money may technically be wages instead. ...
The IRS recently issued updates affecting semiweekly tax depositors. Specifically, the Service pushed back two due dates for making depo...