Workers’ Comp: The Gnarly World Of Preexisting Conditions And The Hurdles Of Elective Surgery

This is the third in our series reviewing basic medical-legal aspects of our legal specialties. The focus of this edition is Oregon Workers’ Compensation law.

Issues frequently arising in Workers’ Compensation disputes include “preexisting conditions” and “major cause.” The bulk of Volume 27 of our Medical-Legal Journal is devoted to sorting out the various applications of these concepts in this gnarly area of law.

We hope this will help you better understand what the lawyers are getting at should you be called upon for a written opinion or deposition testimony, when one of your patients’ work injury is complicated by an alleged preexisting condition.

If “elective surgery” is the next step in treating your work-injury patient, you will want to review our update on notifying insurers and resolving disputes over the need for such surgery.

As always, we welcome comments, questions and suggestions for topics in upcoming issues of the State of Jefferson Medical-Legal Journal. You may call us at (541) 772-9850 or e-mail us at