Pre-existing condition doesn’t always mean no workers’ comp — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Pre-existing condition doesn’t always mean no workers’ comp

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Employees with pre-existing conditions that significantly contribute to a workplace injury aren’t eligible for workers’ compensation. That’s presumably because their work activities had nothing to do with the fact that the employee was hurt—it just happened that the injury occurred in the workplace.

On the other hand, if something related to the job contributed to the injury, the employee is eligible for benefits.

Recent case: Chrysler employee Scott Keith had injured his ankle several years ago. Then, while running at work, he fell and hurt it again. Chrysler wanted to deny Keith’s workers’ comp benefits and argued that his pre-existing condition had caused the injury.

But the appeals court sent the case back to the trial court to determine whether Keith’s running was for the employer’s benefit and the main cause of the injury. (Keith v. Chrysler, No. 09-1126, Court of Appeals of Ohio, 2009)

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