Maneuvering the difficult space within which a worker’s preexisting condition intersects his or her work-related injury, the Supreme Court of Virginia recently ...
Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability Cases Virginia Supreme Court Construes “Two-Cause” Rule for Total Disability CasesCourt Discusses Important Distinction Between “Legal” and “Medical” Causation Stepping lightly through the difficult mine field of “legal causation,” a Utah app...
Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition Utah Court: Unusual Exertion Required if Claimant Has Preexisting ConditionCourt Nevertheless Reverses and Remands Board’s Decision That Had Awarded Benefits The Court of Appeals of Oregon recently reiterated that a mere susceptibility...
Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition” Oregon Court Reiterates that “Susceptible to” Does Not Equate with “Preexisting Condition”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...
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 DisablingEggshell 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 we...
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