Tag Archives: preexisting condition

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 Commission that denied workers’ compensation benefits for the last of … Continue reading

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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 the cause of symptoms or a need for treatment is … Continue reading

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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 permanency related to that injury and again suffered a right … Continue reading

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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 state of the injured party. If a defendant negligently injures … Continue reading

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