Pre-existing back condition resulting in needed surgery

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Reference no: EM134041160

Question

Assume that an injured worker is employed by an employer that is aware that the worker had a pre-existing back condition resulting in needed surgery (the worker advised the of this medical condition when hired) and while on the job aggravates that condition requiring additional surgery. According to the treating physician, most of the need for the second surgery was caused by the pre-existing back condition and resulting arthritic changes resulting from the prior surgery. The doctor testified that 60% of the need for the second surgery following the accident on the job was caused by the pre-existing back condition and 40% was related to the accident on the job. Question Assuming these facts only, workers' compensation benefits would be payable.

Reference no: EM134041160

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