It has been accepted by the State Board that an employee does not need be in “perfect health” but rather the employer “takes the employee as it finds him or her.” Therefore, an aggravation of a pre-existing condition is compensable under the Georgia Workers’ Compensation Law. It does not matter if the pre-existing condition was congenital, degenerative, or from another job. If the “reinjury” arose out of and in the course of employment, then the injured worker would be entitled to medical care and potential income benefits as a result of the injury.
Also, if the injured worker’s employment aggravates or accelerates the employee’s pre-existing injury the employee is entitled to benefits under the Workers’ Compensation Act. Or when the new work-related injury combined with the pre-existing disease or injury produce a greater disability, then the employee is entitled to benefits under the Workers’ Compensation Act.
In our case, we were able to show the administrative law judge that the injured employee was able to work his regular duty job despite having his pre-existing condition. It was only after his fall at work, that he begin to have problems that limited his work duties and eventually led to his termination.
If you’ve been injured on the job in Georgia, please contact us today to have your case evaluated.
Tags: pre-existing injury
There is often confusion when talking about group health schemes because, although some people contend that group health plans are not allowed to exclude you from cover on the basis of your present health or your previous medical history, other people contend that they are allowed to refuse cover for pre-existing medical conditions.
A rejection from most of insurance companies to applicants with pre-existing condition is undeniably rampant up to these days though laws have been created for the members’ protection. Up until now, insurance companies admitted that most of them still deny or charge higher premiums to applicants or members with pre-existing condition. Many have tried to find out some ways to overcome these issues and many have tried to look for insurance companies that might allow them an application.