It’s not uncommon in Georgia workers’ compensation claims for employers or insurers to dispute causation in order to avoid having to pay the claim. This is especially true in cases where the worker was seriously injured and may require temporary total disability payments or some type of permanent disability payments, partial or total.
Proving causation does not mean you have to show you never before suffered injury on the body part/system question. Rather, it means that those prior injuries or conditions are not the primary cause of the ailments of your claim. If a work-related accident or incident exacerbates a previous injury, then it can be considered causative, particularly if the worker was able to do his or her job just fine prior to that.
In the recent case of Nichols v. Fairway Bldg. Prods., the question of causation was front and center. Claimant sought workers’ compensation for an on-the-job back injury that required several surgeries. He asserted he was totally and permanently disabled and his doctor claimed, with a reasonable amount of medical certainty, that the cause was his work injury, a forklift accident. Continue reading →