Tag: preexisting condition

Aug 6, 2019

Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability Cases

Maneuvering the difficult space within which a worker’s preexisting condition intersects his or her work-related injury, the Supreme Court of Virginia recently affirmed a decision by the state’s Court of...

Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability Cases Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability Cases
May 2, 2019

Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition

Court Discusses Important Distinction Between “Legal” and “Medical” Causation Stepping lightly through the difficult mine field of “legal causation,” a Utah appellate court affirmed a decision by the state’s Labor...

Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition
Apr 30, 2019

Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition”

Court Nevertheless Reverses and Remands Board’s Decision That Had Awarded Benefits The Court of Appeals of Oregon recently reiterated that a mere susceptibility or predisposition that does not contribute to...

Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition” Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition”
Apr 1, 2015

New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling

Where Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other...

New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling
Jul 14, 2013

Note to Employers and Carriers: Don’t Give Up Too Early in Cases Involving Preexisting Disease or Condition

Eggshell Skulls There’s a rule most of us learned early on in the first semester of Torts in law school: that there is ordinarily no allowance for an already weakened...

Note to Employers and Carriers: Don’t Give Up Too Early in Cases Involving Preexisting Disease or Condition Note to Employers and Carriers: Don’t Give Up Too Early in Cases Involving Preexisting Disease or Condition