Re: New Injury
No, the injury does not have to be an acute situation - cumulative injuries are also covered.
does your injury have to be an acute situation say like a fall or can it be from over use of a shoulder or a knee, What about carpal tunnel syndrome.
5.2.c. CONTRIBUTED TO, AGGRAVATED, OR ACCELERATED BY THE
Compensability is found when the employment, or some component of
the employment, combines with pre-existing medical problems or congenital
defects to create disability. The employment need not be the sole cause of
problem, and it is sufficient to meet the definition of injury by showing that
the employment “contributes” to the disability, “aggravates” dormant or active
medical problems so as to create disability, or “accelerates”, “exacerbates” or
“lights up” an underlying medical problem so as to make it symptomatic.
Cases abound finding an employment connection, and therefore acompensable injury, when medical problems such as heart attacks, strokes,
hypertension, dermatological problems, cancer, arthritis, hemorrhoids,
pulmonary problems, and other conditions have been aggravated or
accelerated by the employment or injury.
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.