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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 (2): 3–8.
Published: 01 March 2018
... 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 provided by the physician. Section 8.3.2, Balancing or Weighing the Medical...
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 (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 (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 (2011) 16 (5): 5–7.
Published: 01 September 2011
... in regard to pre-existing conditions and in regard to non-injury related issues that could account for their claims of impairment. For example, non-injury-related psychopathology has been scientifically established as a dominant factor in the development of chronic pain complaints, but such psychopathology...
Newsletter Articles
Guides Newsletter (2015) 20 (5): 3–11.
Published: 01 September 2015
... in their apportionment skills. Apportionment in California Apportionment in California is unique. 3 , 4 Apportionment is only considered at the time of MMI. Labor Code §4663 enacted by SB899 on April 19, 2004, provides the following 3 critical portions or provisions: Apportionment of permanent disability...
Newsletter Articles
Guides Newsletter (2022) 27 (1): 3–6.
Published: 01 January 2022
... role and livelihood (mental and social health opportunities) than pathophysiology. 2 Work claims are meant to address pathology that results from injury. Injuries have predictable recovery trajectories. When the recovery trajectory seems off track, consider pre-existing non-trauma pathology and mental...
Newsletter Articles
Guides Newsletter (2019) 24 (3): 3–9.
Published: 01 May 2019
... with psychological elements in sustainable ways. 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...
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 (2022) 27 (4): 18–59.
Published: 01 July 2022
... sparked some fears of escalation into a third world war. The daily, if not hourly, barrage of corrosive news footage may well serve as a triggering psychological stressor to many, against the backdrop of a pre-existing high unmet clinical need. This has—and will foreseeably continue to—adversely impacted...
Newsletter Articles
Guides Newsletter (2009) 14 (2): 1–13.
Published: 01 March 2009
... disability finding based on the work preclusions set forth by the physician. The WCJ said that, in enacting Labor Code section 4660, the Legislature “mandated the use of the AMA Guide[s].” The case of Joyce Guzman vs Milpitas Unified School District (adjusted by Keenan & Associates...
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 (2011) 16 (4): 1–11.
Published: 01 July 2011
... Partial Disability from Occupational Injuries: Earnings Losses and Replacement in Three States , RAND Corp ., 2001 . 36. Reville R. , The Impact of a Disabling Workplace Injury on Earnings and Labor Force Participation , RAND Corp ., 2001 . 37. Peterson , M , et al...
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
...Stephen L. Demeter, MD, MPH; E. Randolph Soo Hoo, MD, MPH Apportionment sometimes is necessary when a person had a prior injury that affected the same organ system or when there was evidence of a pre-existing disorder that was similar to the injury that will be rated. The past three editions...
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 (2004) 9 (2): 1–16.
Published: 01 March 2004
... limitations or the inability to perform ADLs and reflects a change from normal or pre-existing status. Anatomic loss refers to measurable loss of a body structure or organ system, whereas functional loss refers to change in function. Normal refers to a range of zone that represents healthy functioning...