by The Bainbridge Firm, LLC | Nov 01, 2019 | Workers' Compensation
Injured workers in the state of Ohio often end up battling their employer and the Ohio Bureau of Workers Compensation to prove that they did in fact suffer an injury as a result of their work place accident. Many times we are asked “what do I need to show, to prove my work caused my injury?” The answer to this question is often times pretty intuitive. Essentially, there are two things that need to be shown; a medical expert must properly diagnose the condition that is being alleged and second, there must be evidence that shows that the work place incident caused the individual to suffer the given condition at issue.
The first step in this process, the diagnosis, is rather standard. In order to prove a condition is compensable, it must first be proven that the individual actually suffered an injury. Medical documentation that lists the given injury as a condition being suffered by the injured work satisfies this step. This step can also be fulfilled through diagnostic imaging such as an MRI, X-ray, or CT scan. Conditions can also be diagnosed in the course of surgical intervention which would be shown on operative reports done by treatment providers. Ultimately, it must be shown through medical documents that the injured worker did in fact suffer the condition at issue.
The second fact that must be proven to obtain coverage of a given condition is that a work place accident did in fact cause the individual to suffer the injury at issue. This step is again often fulfilled through statements of medical records. It is essential that a medical practitioner provide a statement that indicates the given condition at issue was the result of the work place accident that occurred in the claim. Without such evidence it is very difficult to prove the allowance of the given condition.
There are many theories of causation that the OBWC will entertain. One can prove the allowance of a condition on a theory that the injured worker suffered the injury prior to their work place incident but that the workplace incident caused that pre-existing condition to be substantially aggravated. Further, an injured worker can prove that they have a condition on a “flow through” basis. Flow through causation is the accusation that, a condition already covered by the OBWC caused the injured worker to develop another compensable condition as a result of the first condition. In a flow through argument you are alleging that an allowed condition in your claim caused the condition at issue not specifically the work place incident.
If you are working to have a condition allowed in your claim and the Ohio Bureau of Workers Compensation or your employer’s representative is fighting you, don’t hesitate to contact the Bainbridge Firm. The Bainbridge Firm can work to help you obtain coverage for all the conditions resultant from your workplace incident.
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