Walmart worker’s widow entitled to death benefits
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The Idaho Supreme Court Wednesday affirmed a decision to award workers compensation death benefits to a woman whose husband died from a stroke that she said was tied to workplace stress.
The court said Sue Jordan was entitled to receive benefits stemming from the death of her husband, Jeffrey Jordan, who worked in a Walmart tire department.
Mr. Jordan had been working overtime on Oct. 31, 2018, when he had to be rushed to the hospital after collapsing. He died two days later.
Ms. Jordan petitioned for workers comp death benefits, but Walmart moved to have her complaint dismissed on technical grounds, saying she failed to timely respond to discovery requests. That motion was denied.
A workers comp referee found that Mr. Jordan’s injury arose during the course of his employment and ruled for the spouse. The Idaho Industrial Commission upheld that decision.
Walmart appealed, contending the commission erred because Ms. Jordan didn’t meet her burden in establishing all elements for a comp claim.
One of Walmart’s arguments was that the case should have been dismissed because Ms. Jordan failed to meet certain court deadlines, but a workers comp referee gave her leeway because she filed the case without the help of a lawyer and during the COVID-19 pandemic.
