English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Zendy Plus

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Zendy Tools

Zendy Open

There is nothing complex about the typical fact situation. A worker whose customary duties involve lifting 100-pound sacks from a floor onto a platform suffers a heart attack immediately after one such exertion. Is this an "injury by accident arising out of and in the course of employment"? The range of precipitating events can be as broad and as varied as the entire spectrum of exertions or emotional conditions capable of contributing to the onset of a heart attack, from walking up a flight of stairs to engaging in a heated argument with a supervisor. The gravity of this problem within the workmen's compensation system is not surprising. Given the dominant position of heart disease as a source of disability and death, the extent to which workmen's compensation assumes both medical and income maintenance responsibility for the victims of heart disease naturally has a heavy bearing on the comprehensiveness, cost, and ultimate direction of the system. Obviously if the heart attack is a genuinely work-connected injury, to deny compensation benefits would be a gross violation of the legislative purpose and of the workman's rights. It is equally obvious that, under the coverage clause quoted at the outset, compensation cannot be paid for every heart attack which happens to make its appearance during working hours. Thus, the task of the courts, armed with little more than this generally-worded coverage formula, has been to draw the line between the legitimate application of the Act and the indiscriminate distribution of compensation funds to almost all employed heart victims. It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, and they have proved to be a most

The "Heart Cases" in Workmen's Compensation: An Analysis and Suggested Solution