Taking Care of HR Business
        A blog from the attorneys of Verrill

        Worked to Death in the Keystone State

        by Tawny L. Alvarez on August 24, 2015

        While we often remind employers that complaints about on-the-job stress could be a reportable event to a workers’ compensation carrier, we do not often warn employers not to work their employees “too hard” or “to death.” In this case, however, that was exactly the question at issue—did Lower Bucks County Joint Municipal Authority work an employee to death?

        Robert Dietz worked for the Lower Bucks County Joint Municipal Authority as a field maintenance worker, doing work involving heavy physical labor, for 20 years. On November 7, 2007, however, Mr. Dietz suffered a fatal heart attack while working—he was 48 years old. As a result of his death, his wife, Judith Dietz filed a fatal claim petition with the Workers’ Compensation Board alleging that Decedent’s work caused his heart attack and death.

        The expert in the case noted that the Decedent had a number of heart attack risk factors including: “a family history of coronary artery disease (father); Decedent’s peripheral artery disease; elevated cholesterol and blood fats; long history of heavy smoking [a pack a day]; and weight.” These factors combined were estimated to give the Decedent a 19 percent chance of having a fatal heart attack—which ultimately occurred. After multiple remands and determinations by the Workers’ Compensation Judge and the Workers’ Compensation Appeal Board, Judith Dietz appealed the final Workers’ Compensation Appeal Board ruling denying her benefits. She appealed the ruling to the Commonwealth Court of Pennsylvania. The Court found:

        Here, Claimant testified to Decedent’s regular job duties, which included using a jackhammer to tear up roads, working on water mains and cutting tree roots out of the sewer system. It is undisputed that Decedent had a very physical job. Decedent did not alternate between days of heavy duties and days performing light office duties. His daily job involved strenuous physical activity. On November 7, 2007, after an extremely long day of work, he collapsed beside the water main. This evidence is sufficient to support Dr. Wolk’s opinion that the long workday and physical activity caused the fatal heart attack.

        Accordingly, the court reversed the Board decision and found that “The overwhelming circumstantial evidence in [the] case shows that exertion from Decedent’s regular work activities over the course of a 14-hour workday caused his heart attack,” and ” ‘precise work details’ were not required.” The opinion is available here.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...
        Media Mentions

        Martha Gaythwaite Featured in Portland Press Herald Coverage of Sig Sauer Trial Victory

        Verrill attorney Martha Gaythwaite was highlighted in media coverage of a federal trial in Bangor involving firearm manufacturer Sig Sauer. As...
        Media Mentions

        Law360 Quotes Robert Keach on Senate Bill Affecting Small Business Restructurings

        Verrill attorney Robert Keach was recently quoted in a Law360 article discussing federal legislation that would permanently restore the $7.5 million...
        Alerts and Newsletters

        SAFEs and Preferred Stock – Key Deal Terms Every Founder Should Know

        SAFEs Before negotiating a term sheet for preferred stock, many early-stage companies, particularly at the seed stage, first raise capital through...
        Press Releases

        Verrill Welcomes Business Restructuring and Insolvency Attorney Nimra Tariq

        BOSTON, Massachusetts – Verrill is pleased to announce that Nimra Tariq has joined the firm’s Business Restructuring and Insolvency Group as an...
        Media Mentions

        Robert Keach Provides Commentary on First Brands Restructuring in Law360

        Verrill attorney Robert Keach was quoted in the Law360 article, "First Brands' Ch. 11 Plan Revives Angst Over Admin Claims," discussing First Brands...
        Press Releases

        Verrill Welcomes Construction Attorney Cassie Dufon

        PORTLAND, Maine – Verrill is pleased to welcome Cassie Dufon to the firm’s Construction Group as an Associate, resident in the firm’s Portland...
        Press Releases

        Verrill’s Wide-Ranging Private Wealth Law Practice Recognized in 2026 Chambers and Partners High Net Worth Guide

        BANGOR and PORTLAND, Maine and BOSTON, Mass. – Verrill attorneys Kenneth P. Brier, Anya F. Endsley, Kurt E. Klebe, Mary McQuillen, Nathaniel S....
        Blog

        Update on Status of Maine Packaging EPR

        In December 2024, Verrill published a blog post, Unwrapping Maine's Gift to the Environment: A New Packaging Stewardship Program Set to Launch in...