![]() Practice tips are provided so that parties might avoid these problems in the future.ġ. ![]() Set forth below is a discussion of three recent noteworthy panel decisions where this issue has presented a trap for the unwary. Failure of the doctor to properly analyze the appropriate type of causation may lead to significant delays and even negative results in the litigation process. ![]() ![]() In order to insure they have substantial medical evidence at trial, attorneys should make sure that their evaluating physicians understand the distinction between these two types of causation. Causation of Disability deals with a determination of accurate permanent disability and apportionment between industrial and non-industrial factors. Causation of Injury deals with whether the injury arose out of employment and occurred in the course of employment (AOE/COE) and triggers the right to medical treatment if the cause is industrial.Ģ. However, given that there are two types of legal causation in the world of workers’ compensation, it’s easy for people to get confused.ġ. The issue of causation has been a central theme in many recent cases. subscribers can link to the cases cited below.
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