Re: Adding Injury to Existing Claim
My right elbow was originally filed under the claim. Then I started having symptoms in the left.
Unless your doctor is willing to certify this new injury is a " ‘direct and natural result’ of the original injury, you may be in for a fight.
I contacted the adjuster and asked if we could add it to the case since I have test results backing it up or if I needed to start a whole new case for my left.
Also the cause of this injury can't be the result of an intentional act on your part.
See pg.4 in the below ruling.
Equally well-established is the general rule that a subsequent injury,
whether in the form of an aggravation of the original injury or a new and
distinct injury, is compensable if it is the “direct and natural result” of a
compensable injury. Rogers v. Shaw, 813 S.W.2d 397, 399–400
(Tenn.1991) (quoting 1.A. Larson, The Law of Workmen's Compensation §
The rule, commonly referred to as the direct and natural
consequences rule, has been stated as: “[w]hen the primary injury is shown
to have arisen out of and in the course of employment, every natural
consequence that flows from the injury likewise arises out of the
employment.” 1 Larson's Workers' Compensation Law § 10 (2004).
“[w]hen the primary injury is shown to have arisen out of
and in the course of employment, every natural consequence that flows
from the injury likewise arises out of the employment, unless it is the result
of an independent intervening cause attributable to claimant's own
intentional conduct.” 1 Larson's Workers' Compensation Law § 10 (2004)
Last edited by tony; 03-19-2021 at 05:12 PM.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.