Disability and Causation in Workers' Compensation (7:IX): Difference between revisions
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Disability and Causation in Workers' Compensation (7:IX) (view source)
Revision as of 21:14, 13 December 2022
, 13 December 2022→2. Secondary Conditions
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As discussed above, if the worker suffered from a pre-existing condition and the injury aggravates, accelerates or activates this condition, the resulting aggravation may also be compensable. (Note: this policy is complex and should be consulted for specific details). | As discussed above, if the worker suffered from a pre-existing condition and the injury aggravates, accelerates or activates this condition, the resulting aggravation may also be compensable. (Note: this policy is complex and should be consulted for specific details). | ||
The [ | The [https://www.canlii.org/en/ca/scc/doc/2000/2000scc3/2000scc3.html?autocompleteStr=Kovach%20v%20work&autocompletePos=1 Kovach v Singh (Kovach v WCB), [2000<nowiki>]</nowiki> SCJ No 3] decision upheld the Board’s policy that a worker who is undergoing treatment for a work injury remains in the course of employment, even if the treatment takes place long after the job itself has ended (even years after). This decision means that workers undergoing treatment for an injury or disease generally cannot sue negligent medical providers for medical malpractice. | ||
See also RSCM II #C3-22.00 – 22.40. | See also RSCM II #C3-22.00 – 22.40. | ||
