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