Hedman v. City of Elmhurst

Congratulations to Dan Artman and the City of Elmhurst for their successful defense of a rebuttable presumption cardiac claim.  This case involved a firefighter diagnosed with hypertrophic cardiomyopathy. Due to the risk of sudden death should Petitioner be exposed to excessive physical stress, it was recommended by his treating physician that he no longer work as a firefighter. Petitioner claimed that his condition was caused by his work as a firefighter and argued that the rebuttable presumption applied to his claim. The City obtained an opinion from Dr. Richard Carroll that Petitioner’s condition is not causally related to his work for the City. In addition, the City relied upon opinions from Drs. McDonough and Samo, experts who testified in claimant’s pension case, who agreed with Dr. Carroll on the issue of causation. In addition, the City argued that Petitioner did not suffer an actual accident because he did not suffer any injury resulting from his condition while working. Arbitrator Friedman ruled that the City rebutted the presumption and that Petitioner’s condition was not causally related to his work for the City. All benefits were denied in a case with six-figure exposure.