SUMMARY
This chapter defines the term combined condition and discusses issues with the proof, acceptance, and denial of such conditions. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 12
COMBINED CONDITIONS
Daniel Walker
§ 12.1 SCOPE OF CHAPTER
§ 12.2 BACKGROUND AND OVERVIEW
§ 12.3 DEFINITION OF COMBINED CONDITIONS
§ 12.4 PROVING A COMBINED CONDITION
§ 12.4-1 Elements
§ 12.4-1(a) Requirement of Two Separate Conditions
§ 12.4-1(a)(1) General Requirement
§ 12.4-1(a)(2) Initial Compensability Exception to the “Two Separate Conditions” Requirement
§ 12.4-1(b) What Qualifies as a “Condition”
§ 12.4-1(c) The “Otherwise Compensable Injury” Component
§ 12.4-1(d) The “Preexisting Condition” Component
§ 12.4-1(d)(1) Preexisting Conditions Generally
§ 12.4-1(d)(2) Mere Susceptibility Verse Active Contribution
§ 12.4-2 Proof of Combining
§ 12.4-3 Burden of Proof
§ 12.4-3(a) Cause of Disability or Need for Treatment versus Cause of the Combined Condition
§ 12.4-3(b) Weighing Causation
§ 12.5 CLAIMANT-INITIATED NEW OR OMITTED MEDICAL CONDITION CLAIM FOR A COMBINED CONDITION
§ 12.6 ACCEPTANCE OF A COMBINED CONDITION
§ 12.6-1 General Scope of Acceptance
§ 12.6-2 Scope of “Post-Litigation” Acceptance When Combined Condition Defense Is Found Impermissible
§ 12.7 CEASES DENIALS
§ 12.7-1 Statutory Authority for Ceases Denials
§ 12.7-2 Ceases Denial Burden on the Carrier or Employer
§ 12.7-3 Issuing a Ceases Denial
§ 12.7-4 Effective Date of a Combined Condition Acceptance to Determine a Ceases Denial
§ 12.8 OCCUPATIONAL DISEASES AND COMBINED CONDITIONS
§ 12.8-1 Generally
§ 12.8-2 Combined Condition Considerations in Successive Occupational Disease Claims with the Same and Different Employers
§ 12.9 PERMANENT PARTIAL DISABILITY (PPD) AND COMBINED CONDITIONS
§ 12.9-1 Statutory Authority for Apportionment of PPD in the Combined-Condition Context
§ 12.9-2 Apportionment for Combined Conditions under the Oregon Administrative Rules
Appendix 12A Abbreviations