If your patient has a work-related injury or an occupational disease, it is important for you to understand the current definition of “pre-existing condition.” This requires an understanding of a number of key terms used in workers’ compensation cases. The revised definition of “pre-existing condition” became effective January 1, 2002. Even though it has been … Read more
Injured workers who must prove they need treatment primarily because of their work injury depend on their doctors’ opinions to do so. What makes for a legally convincing medical opinion? Recent changes in the Workers’ Compensation law which require a showing of “major cause” in some contexts have created a semantic challenge both for … Read more
A decision which will affect the nature of opinions sought from doctors in workers’ compensation cases was handed down by the Oregon Court Of Appeals in May1997. This is of special interest to our readers in light of our recent series of articles on “preexisting conditions.” Doctors treating injured workers with preexisting conditions will now … Read more
If you are treating a patient whose need for treatment has more than one cause, can you quantify the amount each cause contributes? If your patient has a history of a condition, or even a previously undetected condition, in the same area as a recent work injury, can you state whether the injury has “combined” … Read more
An adjuster recently told us that Allstate would pay only $1,500 total settlement for personal injuries resulting from a car accident if there is little or no property damage. The adjuster said, in effect, “Yes, I believe your client was hurt, but I don’t think a jury will believe it.” That is, He is confident … Read more