Insurer Not Liable in truck driver's death
Insurer Cleared of Liability in Truck Driver’s Death from Embolism
August 28, 2017
The Sixth Circuit Court has upheld a decision that National Union Fire Insurance is not to be found liable for the on-the-job death of a truck driver from a pulmonary embolism.
Attorneys for the late driver Jeffrey Filek had argued that his embolism was caused by the long hours he spent in a stationary position in his truck, so his estate was entitled to occupational injury insurance. The court disagreed, however, stating that there was no “unanticipated event” that caused the embolism, and that the clot that caused it was formed in and by Filek’s own body.
Filek died in March 2012 while sitting in his truck and filling out travel logs at a Missouri truck stop.
Medical examiners and the court determined that no evidence existed to support the claim that Filek’s long periods of motionlessness caused the embolism.
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