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Salvation Army worker's treadmill death compensable

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Salvation Army worker's treadmill death compensable

The death of a telecommuter, who suffered a heart attack while walking on the treadmill during work hours, is compensable, and the man's widow should receive workers compensation benefits, the Maine Supreme Court has ruled.

Gregory Sullwold was working as a portfolio specialist and comptroller for the Salvation Army when he died of a heart attack while exercising on a treadmill in his home in February 2010, according to court records.

Mr. Sullwold moved to Maine from New York, where the Salvation Army has an office, in 2009, records show. The company allowed him to work remotely from his home in Maine, supplying him with a computer, a BlackBerry and other office materials.

The day he died, Mr. Sullwold worked from about 8:30 a.m. to 3:30 p.m. in his home office, according to records. He then took a break to walk on the treadmill, bringing his BlackBerry with him.

Records show that his wife found him unconscious on the floor about 30 minutes later. Emergency medical professionals were unable to revive him.

After suffering a heart attack in 1993, Mr. Sullwold continued to be treated for coronary artery disease and atherosclerosis, records show. And prior to his death, he told his doctor he was having chest pains while walking his dog.

There's no evidence that Mr. Sullwold was concerned about his workload, but he attributed a panic attack he suffered shortly before his death to “overload,” records show.

Mr. Sullwold's wife and coworkers said he experienced stress from “working long hours and traveling frequently,” noting that “increased donor contributions after the Sept. 11, 2001, U.S. terrorist attacks and the effect of the 2008 economic downturn on the Salvation Army's finances” exacerbated his stress, according to records.

Records show that his wife filed for workers comp death benefits in January 2011, saying that Mr. Sullwold's “work resulted in a myocardial infarction and cardiac arrest.”

The Maine Workers' Compensation Board granted the petition, leading the Salvation Army to file a motion challenging its findings, according to records. The hearing officer reaffirmed the original order, determining that “work stress was a major causal factor” in Mr. Sullwold's death.

The Salvation Army appealed to the appellate division of the workers comp board, which affirmed the board's earlier award in November 2013, records show.

On appeal to the Maine Supreme Court, the Salvation Army argued that the hearing officer erred by shifting the burden of proof, requiring the employer to prove “it was more likely than not that the employee's death was not work-related,” according to records.

However, the state Supreme Court ruled Thursday that Mr. Sullwold's death was compensable.

“Although Sullwold was walking on the treadmill at the time of his death, his injury occurred during work hours, in a place that the Salvation Army sanctioned for his work, and while he was using the BlackBerry that the Salvation Army provided to him for his work,” the ruling states.

According to records, an injury resulting from a pre-existing physical condition, such as Mr. Sullwold's heart attack, “is compensable only if contributed to by the employment in a significant manner.”

The hearing officer found that Mr. Sullwold's wife “testified convincingly” about her husband's work stress, records show. And, based on the testimony of a medical expert, Mr. Sullwold's work stress combined with his underlying heart disease resulted in his death.

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