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Dawn Atkin

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For workers compensation coverage the injured worker must prove two things:

1.  Medical causation.  A written medical record which states that an accident, activity or exposure at work medically caused or contributed to the condition being treated.  Even if the accident only made a preexisting condition worse, it is enough for medical causation.

2.  Legal causation.  There are two levels of legal causation and the medical records determine which level applies:
    2A: Normal legal causation:  If the records state there is no preexisting condition which contributes to the industrial injury, then any kind of accident, activity or exposure at work meets legal causation.
    2B: Higher Standard of Legal Causation: If the medical records state that a preexisting condition contributes to the industrial injury, then the action at work must meet the higher standard of legal causation which requires something unusual.  This means lifting over 50lbs, a significant fall, or something similar involving an unusual exertion or force.

Both Medical Causation and Legal Causation must be proven in order to receive workers compensation benefits.

K. Dawn Atkin
Attorney with Atkin & Associates
(801) 521-2552
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