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Labor-disabling Pre-existing Disability

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Newsletter Articles
Guides Newsletter (2020) 25 (6): 3–6.
Published: 01 November 2020
.... If these thresholds are met, the injured worker may receive additional compensation based on pre-existing (labor-disabling) disability. The pre-existing disabilities can arise from any source, including congenital, developmental, or acquired disease, prior injury, war injury, non- industrial injuries, or prior...
Newsletter Articles
Guides Newsletter (2005) 10 (1): 4–5.
Published: 01 January 2005
... or exposure ( Granado v. WCAB , 333 CCC 647; 1968). Old Labor Code Sec. 4663 also made employers responsible for an industrially caused aggravation or “lighting up” of a pre-existing disease or condition. The employer was not responsible for an employee's pre-existing disability; the portion of disability...
Newsletter Articles
Guides Newsletter (2018) 23 (1): 3–8.
Published: 01 January 2018
... Impairment, Sixth Edition, exacerbation means “ temporary worsening of a pre-existing condition. Following a transient increase in symptoms, signs, disability, and/or impairment, the person recovers to his or her baseline status, or what it would have been had the exacerbation never occurred. Given...
Newsletter Articles
Guides Newsletter (2018) 23 (2): 3–8.
Published: 01 March 2018
... of examination being conducted. The DD may also inform the specialist about the claimant's pre-existing condition(s) where the issue involved is section 8(f) relief. Therefore, judges are given significant flexibility in basing their determination of permanent disability beyond the disability rating...
Newsletter Articles
Guides Newsletter (2020) 25 (3): 12–19.
Published: 01 May 2020
... to rest employer arguments relying on pre- Protz II precedents such as Thompson , 9 Riley , 10 and Gillespie 11 (cases that put claimants at peril for not having initially challenged the constitutionality of the AMA Guides “most recent edition” adoption), holding that such reliance is now...
Newsletter Articles
Guides Newsletter (2003) 8 (2): 1–12.
Published: 01 March 2003
... for compensation purposes. Rather, if an employment-related injury contributes to, combines with, or aggravates a pre-existing disease or underlying condition, the entire resultant disability is compensable. Also, when the claimant sustains an injury at work that is followed by the occurrence of a subsequent...
Newsletter Articles
Guides Newsletter (2015) 20 (5): 3–11.
Published: 01 September 2015
.... There is no apportionment to risk factors (eg, diabetes, obesity) unless there is substantial medical evidence that they contribute to the cause of the disability. Labor Code §4664 has the following 3 critical provisions: “the employer shall only be liable for the percentage of permanent disability directly caused...
Newsletter Articles
Guides Newsletter (2011) 16 (5): 5–7.
Published: 01 September 2011
.... Defensiveness can be encountered in circumstances such as evaluations for security clearance or in child custody disputes. Certain forms of defensiveness are also extremely common in impairment evaluations. Specifically, examinees are often extremely defensive in regard to pre-existing conditions and in regard...
Newsletter Articles
Guides Newsletter (2016) 21 (3): 10–14.
Published: 01 May 2016
... is assessed by an orthopedic surgeon who is the agreed medical evaluator (AME). In addition to her pre-existing rheumatoid arthritis and lupus, the individual also had Sjogren's syndrome, osteoarthritis, degenerative disc disease, left carpal tunnel syndrome, osteopenia, and obesity. She has undergone...
Newsletter Articles
Guides Newsletter (2019) 24 (3): 3–9.
Published: 01 May 2019
.... Payors have a legitimate aversion to “buying” pre-existing, long-term psychological conditions for which they are not responsible. There are a number of persistent misconceptions about BH 70 : Physical impairment and disability represent the majority of disability claims Impairment and disability...
Newsletter Articles
Guides Newsletter (2012) 17 (6): 1–9.
Published: 01 November 2012
.... WC jurisdictions, and it is the preferred reference for the US Department of Labor WC claims and also for many domestic personal injury claims. It is gaining widespread international adoption in Canada, the Netherlands, South Africa, Australia, New Zealand, Korea, and Hong Kong for the medical...
Newsletter Articles
Guides Newsletter (2009) 14 (2): 1–13.
Published: 01 March 2009
... challenging for some physicians and other stakeholders. Using the Guides as the basis for defining the impairment standard as opposed to the pre-2005 schedule has resulted in significant lowering of disability awards. In light of the legislative mandate, this may have been an intended consequence...
Newsletter Articles
Guides Newsletter (2018) 23 (6): 3–8.
Published: 01 November 2018
... generated in low-speed collisions are less than those encountered in activities of everyday living. ICA suggests that disc degeneration and disc herniations are pre-existing and are not caused by low-speed MVCs. Although the pain caused by a muscle sprain associated with a low-speed collision may prompt...
Newsletter Articles
Guides Newsletter (2014) 19 (5): 3–12.
Published: 01 September 2014
... is that if a worker has a personal condition that causes him or her to lose consciousness, through fit or faint, the resulting head or other injuries have arisen out of employment only if the work conditions contribute to those injuries in some material way. The classic examples are work requirements of laboring...
Newsletter Articles
Guides Newsletter (2015) 20 (4): 9–16.
Published: 01 July 2015
... because of a pre-existing physical impairment, the employer shall be liable only for the additional disability from the injury or occupational disease.” (5th ed, 11–12) The Sixth Edition defines apportionment as: The extent to which each of 2 or more probable causes are found responsible...
Newsletter Articles
Guides Newsletter (2007) 12 (5): 1–4, 12-16.
Published: 01 September 2007
.... American Academy of Disability Evaluating Physicians . Position paper: complex regional pain syndrome I (RSD): impairment and disability issues . Pain Medicine . 2002 ; 3 : 274 – 288 . 22. Washington State Medical Association and Washington State Department of Labor and Industries : Complex...
Newsletter Articles
Guides Newsletter (2012) 17 (1): 1–12.
Published: 01 January 2012
... sources is useful in assessing the validity of a clinical presentation and includes the individual's pre-existing status; information about the injury; the history of the presenting illness, past medical and social histories, physical examination, questionnaires and scales, functional capacity evaluations...
Newsletter Articles
Guides Newsletter (2011) 16 (4): 1–11.
Published: 01 July 2011
... by the need to coordinate the care, examinations, and reports from multiple physicians, therapists, rehabilitation specialists, and other professionals. Regardless of the source of the delay, it has a deleterious effect on the party seeking to resume his or her pre-injury life. Malingering is a much...
Newsletter Articles
Guides Newsletter (2004) 9 (2): 1–16.
Published: 01 March 2004
... is static and well stabilized.” The Guides emphasizes objective assessment, necessitating a medical evaluation. Impairment may lead to functional limitations or the inability to perform ADLs and reflects a change from normal or pre-existing status. Anatomic loss refers to measurable loss...