A heart attack suffered at home after receipt of a letter terminating employment held not to be within the scope of employment.

The Commonwealth Court upheld the denial of a fatal claim petition, finding that the claimant failed to meet her burden of proving that her husband died in the course and scope of his employment or while furthering the employer's business when he suffered a fatal heart attack two days after receiving a letter terminating his employment.

The decedent in Little had sustained a work-related shoulder injury and was assigned to light-duty work for a time before being directed to return to his regular job. The decedent was later sent home from work after the employer received a letter from his attorney indicating that he could not perform any manual labor. The letter requested that the decedent provide a doctor's report advising what type of work he was capable of performing. The decedent obtained a note from his doctor, but before he could provide it to the employer, he was told he did not need bring it. The employer then issued a letter of termination. Upon receipt of the letter, the decedent became distraught and was unable to eat or sleep. With the letter of termination in his hand, he collapsed and died.

On appeal, the court identified that this case presented the question of whether the law intended employers to bear the risk of a compensable injury that may follow the termination of employment and is a consequence of that decision, even when it bears no relationship to employment responsibilities and occurs after the employment relationship ends. In finding that the claim was not compensable, the court in Little noted that when an injury occurs off-premises, the relationship to the employment must be clear. This case is distinguished from those where the claimant's on-the-job stress and exertion caused injury while still employed is compensable. In Little, there was an absence of any evidence that stress at the work place was a contributing factor in the decedent's heart attack.

Case Law Alert - 1st Qtr 2012