Re: Is an Insurance Carrier Liable to Fix a Dormity That Prevents Proper Repair of Fo
Only if your "work activities contributed to aggravation of a pre-existing condition to cause an injury."
Does anybody know if a workers compensation insurance company is responsible to repair a pre-existing condition in order to repair a separate body part?
In other words, as long as the injury being treated was caused during the course of employment, a pre- existing condition should be covered.
Be care of how you word this, you want to establish that this is an aggravation of a pre-existing condition, don't give them a defense by separating the work related injury from your deformity.
See the below case..
Supreme Court of Arizona,En Banc.
Sharron MARTINEZ, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Ideal Weight Loss Centers aka Quick Weight Loss Center, Respondent Employer, ITT Hartford, Respondent Carrier.
Decided: July 17, 1998
¶ 1 This case involves a “mixed risk” workers' compensation claim that is predicated on claimant's gradual injury. Two issues are presented:
1. May a court of appeals' opinion which this court depublished because, although it agreed with the result, it did not agree with the analysis, constitute the law of the case in subsequent proceedings?
2. What is the proper measure of legal causation in a gradual injury “mixed risk” claim?
We have jurisdiction pursuant to Ariz. Const. art. VI, § 5(3), and A.R.S. § 12-120.24.
¶ 25 We hold that the “actual risk” test defined in Samaritan applies to cases such as this in which the work activity contributes to gradual aggravation of a pre-existing condition to cause an injury.
I would advise you to retain a lawyer if the carrier gives you problems, this is too complicated of an issue for a lay person to handle.
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