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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.

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