Bruce Lieske v. Airco Aviation Services, LLC and Gallagher Bassett Services, Inc.
OJCC# 20-008054, Port St. Lucie District, JCC Owens
Primary Issue: Major Contributing Cause
Summary: Claimant, while in the course and scope of his employment, suffered a heart attack. Notably, claimant was not a first responder, but pursued compensability upon the theory that his condition was the result of unusual strain and/or over-exertion. Specific to the date of accident, claimant, an airlines ramp agent, asserted he lifted 700 passenger bags. He alleged the bags weighed on average 40 pounds, and as much as 70 pounds. He further contended that normally he only lifted 300-400 bags per day. It was undisputed that claimant suffered from pre-existing coronary artery disease. Ultimately, the JCC accepted claimant’s testimony that his lifting work on the day of accident was above the normal routine and also accepted the medical opinion that claimant’s excess physical exertion triggered claimant’s heart attack. Compensability, medical and indemnity benefits GRANTED.