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results of Labor-disabling Pre-existing Disability
1-19 of 19 results of
Labor-disabling Pre-existing Disability
Guides Newsletter (2020) 25 (6): 3–6.
Published: 01 November 2020
... 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...
Guides Newsletter (2018) 23 (2): 3–8.
Published: 01 March 2018
... injury and/or the type 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...
Guides Newsletter (2019) 24 (3): 3–9.
Published: 01 May 2019
... even seasoned administrators and clinicians; moreover, we lack practical tools for dealing 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...
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...
Guides Newsletter (2020) 25 (3): 12–19.
Published: 01 May 2020
... Gas Distribution Corp.), 954 A.2d 776 (Pa. Commw. 2008). 20. Pennsylvania Department of Labor … Industry, UCC Codes, available at https://www.dli.pa.gov/ucc/Pages/UCC-Codes.aspx (last visited October 25, 2018). 21. Protz v. WCAB (Derry Area Sch. Dist.), 161 A.3d 827, 837 (Pa. 2017). 22...
Guides Newsletter (2005) 10 (1): 4–5.
Published: 01 January 2005
... by an industrial injury 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...
Christopher R. Brigham, MD, J. Mark Melhorn, MD, Charles N. Brooks, MD, Steven D. Feinberg, MD, James B. Talmage, MD
Guides Newsletter (2016) 21 (3): 10–14.
Published: 01 May 2016
... industrial and nonindustrial factors. California Labor Code Section 4663 14 as enacted by Senate Bill 899 15 on April 19, 2004, specified that: (a) Apportionment of permanent disability shall be based on causation. (b) Any physician who prepares a report addressing the issue of permanent...
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 of the...
Guides Newsletter (2018) 23 (1): 3–8.
Published: 01 January 2018
... treatment or cause disability, it would presumably be compensable under the LHWCA and DBA. Injury is a term that has various definitions. According to Stedman's Medical Dictionary, an injury means “the damage or wound of trauma.” The Department of Labor and Industries of the state of Washington...
Guides Newsletter (2011) 16 (5): 5–7.
Published: 01 September 2011
... and supportive spouse can be unaware of the association between his or her behavior (which is voluntary) and the motivation for his or her behavior (the behaviors of the spouse). Illness behavior can be appropriate or inappropriate. For example, facial grimacing, grunting, and labored breathing...
Guides Newsletter (2011) 16 (4): 1–11.
Published: 01 July 2011
... 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 , Compensation...
Guides Newsletter (2003) 8 (2): 1–12.
Published: 01 March 2003
... cause, or primary factor, in a disability 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...
Chris Stewart Patterson, MD, Robert J. Barth, PhD, Christopher R. Brigham, MD, James B. Talmage, MD, Steven Leclair, PhD, Michael Coupland, CPsych
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...
Stephen L. Demeter, MD, MPH, Christopher Brigham, MD, MMS, James B. Talmage, MD, J. Mark Melhorn, MD, Steven D. Feinberg, MD
Guides Newsletter (2015) 20 (5): 3–11.
Published: 01 September 2015
... 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 shall be based on causation; Any physician who prepares a report addressing...
Robert D. Rondinelli, MD, PhD, Marjorie Eskay-Auerbach, MD, JD, Mohammed I. Ranavaya, MD, JD, Christopher R. Brigham, MD
Guides Newsletter (2012) 17 (6): 1–9.
Published: 01 November 2012
... nationally and globally. Various editions are mandated or recommended by statute in the majority of U.S. 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...
Guides Newsletter (2014) 19 (5): 3–12.
Published: 01 September 2014
... held compensable in a 2013 Kentucky case. The controversy shows that reasonable legal minds can differ in this realm when conceptualizing work causation. In this case, the patient/claimant, an insulin-dependent diabetic, was employed as a heavy laborer on a bridge-construction crew. He had...
Guides Newsletter (2009) 14 (2): 1–13.
Published: 01 March 2009
... Schedule and 58% under the 1997 Schedule. The Workers Compensation Judge (WCJ) found a 14% permanent disability, after apportionment and concluded he was not free to make a permanent disability finding based on the work preclusions set forth by the physician. The WCJ said that, in enacting Labor Code...
Guides Newsletter (2007) 12 (5): 1–4, 12-16.
Published: 01 September 2007
... 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 regional pain syndrome (CRPS) . Washington State Department of Labor and Industries Provider...
Christopher R. Brigham, MD, Kathryn Mueller, MD, Douglas Van Zet, BS, Debra J. Northrup, RN, Edward B. Whitney, MD, Martha M. McReynolds, PhD
Guides Newsletter (2004) 9 (2): 1–16.
Published: 01 March 2004
... Impairment Ratings,” performed at the request of the Department of Labor and Employment, The State of Colorado. Contract Encumbrance Number C02KAA00200. Sole Source number KAA-2-AMA Guides-LB-28. 2. Spieler EA, Barth PS, Burton JF, Himmelstein J, Rudolph L. Recommendations to guide revision of the...