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  1. #1
    Join Date
    Mar 2021
    Posts
    3

    Default Adding Injury to Existing Claim

    My right elbow was originally filed under the claim. Then I started having symptoms in the left. But it was never part of the comp claim. Went on to recently have tests on BOTH elbows and nerve damage showed up in the results for both elbows. 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. She said that it wasn't part of the claim originally and that it won't be covered. She didn't tell me if I needed to start a new claim. Anyone been through something like this?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,184

    Default Re: Adding Injury to Existing Claim

    dgchick29
    My right elbow was originally filed under the claim. Then I started having symptoms in the left.
    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.
    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.
    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
    13.11 (1990)).

    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)
    https://www.tncourts.gov/sites/defau...wn.opn2jo2.pdf

    Tony
    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.

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