WCITN #13: A Tragedy On The Way Home From Work

A NFL Referee tragically died recently after working a football game involving the Kansas City Chiefs and the Tennessee Titans. According to the reports, he “was driving home to Weldon Spring, Missouri, when he reportedly had a medical issue. Upon arrival, Metro Nashville police found Madsen unconscious. Police spokesperson Don Aaron said officers broke open a car window, removed Madsen from the vehicle and performed chest compressions. He reportedly was taken to St. Thomas Midtown Hospital, where he later died.” Nypost.com

Is This a Work Injury?

The answer is maybe.  It depends on the medical condition which caused his death.  If work contributed to the condition which resulted in his passing, a workers’ compensation death claim is possible.

If He Was Driving Home From Work, Would That Matter?  

Possibly.  First, there is the “going and coming rule” that may apply.  For the Referee, it could be argued that his commute would be an exception to the rule and would therefore be work-related.   Second, under a cumulative trauma theory of injury, if his working contributed to the condition, then it would be work-related.  Thus, even if his demise happened off of the worksite, this would not necessarily bar a claim.

How Would This Claim Be Proven?

A medical diagnosis is necessary.   Also, a medical opinion indicating that work contributed to the medical condition which caused his demise would be indicated.

What Benefits Would Be Received In This Claim?

In this matter, if the injury is work-related, the medical bills for the treatment would be paid.  Burial expenses would be paid.  Dependency benefits would be paid if indicated.

What If I Need Legal Advice?

If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.

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