Lucky Stores, Inc. v. Street

ALPERT, Judge.

In this appeal we must decide whether under the Worker’s Compensation Law a disability resulting from both an occupational disease and an accidental injury may be combined so as to constitute “a serious disability” under art. 101 § 36(4a). Put another way, can the combination of a heart attack and pre-existing atherosclerosis be legally the result of “one accident”? We think not.

Appellee, Charles W. Street, III, suffered a heart attack after chasing and apprehending a shoplifting suspect at Lucky Stores on December 14, 1978. At the time, Street was employed full time as a Prince…