Causation in Workers’ Compensation Cases
By: Steven Babitsky, Esq.
All too frequently causation (i.e. whether the job caused, aggravated or precipitated and is the major contributing cause of an injury) is overlooked by employers and their insurers and self-insurers. The reasons are that looking into this issue properly takes some thought and analysis. Once these cases are accepted by the workers’ compensation insurers there is no going back. They are on the hook for the duration of the claim.
Attorney Lora Northen of Capehart & Scatchard recommends the following in a causation analysis at the beginning of the investigation of a claim:
Threshold Question on Causation
- Did this injury truly cause the claimant’s lost time, need for treatment and surgery?
- Is there objective evidence that the accident materially worsened any prior condition?
Don’t Let Your Comp Program Fall Prey to the “I Was Born on the Day of the Accident” Syndrome
- Examine the written history forms which the authorized doctor uses
- CAUTION: Don’t assume the doctor has a good history form because most doctors use the same general health history form
For in-depth training on this issue of causation Dr. J. Mark Melhorn MD, FAAOS will be presenting Causation of Occupational Injuries: Fact & Fiction at the SEAK 33rd Annual National Workers’ Compensation and Occupational Medicine Conference to be held on July15, 2013 on Cape Cod, MA.
The pre-conference will cover the topics:
- Methodology, Apportionment, History, Physical Examination, and Record Review
- Writing the Report
- Spine Examples Specific cases will be discussed.
- Lower Limb Examples Specific cases will be discussed.
- Upper Limb Examples Specific cases will be discussed.
- Cardiac and Pulmonary Case Examples Specific Cases
- Your Cases
The SEAK 33rd Annual National Workers’ Compensation and Occupational Medicine Conference will be held on July16-18, 2013 on Cape Cod, MA.
Steven Babitsky is the conference leader.