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Law Offices of Bo Katzakian

After an industrial accident, how does causation factor in?

When workers in California are in an industrial accident and suffer workplace injuries, there is a chance that their injuries are so severe that the workers are permanently disabled. In the aftermath, there are many problems they can face. The most pressing are getting treatment, how they will make ends meet financially and how to cover the medical costs. It is imperative to understand what state law says about the apportionment of permanent disability. The key to this aspect of a workers' compensation claim is the physician's report.

When a worker claims to be permanently disabled after an accident on the job, the medical professional who prepares the report is required to detail causation. For the report to be complete in this sense, there needs to be an apportionment determination. To do this, there will be an approximate percentage as to how much of the disability was caused by factors that were in place before and after the industrial accident. If there were industrial accident injuries before the latest one, this too will be factored in.

If the physician cannot provide the apportionment determination based on a prior condition when the report is completed, there must be specified reasons as to why. Other physicians will consult on the matter or it will be referred to another physician who has authorization to treat or evaluate the worker and can make a final determination. When the worker is claiming an injury, it is required that any prior disabilities or impairments be disclosed.

When a worker claims to have suffered a permanent disability after a work accident, the physician's examination and apportionment determination is a fundamental factor in receiving the maximum in benefits. Since those who are permanently disabled will face financial and personal hardship should they be denied in the claim, it is vital to understand the entire process and be fully protected when it comes to workplace injuries.

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