An Administrator's Guide to California Private School Law

Chapter 9 – Interactive Process: Employees and Students

5. H EART D ISEASE One of the most problematic areas in workers’ compensation law is that of heart cases. Most of these cases involve aggravation of a pre-existing condition. The problem of proof is in showing a causal connection between the heart disease and the work activity. One approach is to determine whether or not the heart injury was the result of any strain exerted in the workplace. The strain need not be unusual but merely a strain normal to the type of employment. Thus, if one’s employment has contributed to the heart problem because of exertion, either physical or mental, or other work-related circumstances, the heart problem will be found to have arisen out of employment. 6. C ANCER Like heart disease cases, cancer cases present a problem of causal proof. In these cases, the decision of the trier of fact as to the causation is conclusive if based on supporting medical evidence. 7. S PECIAL E XPOSURE An employee may not recover for diseases or conditions to which everyone in the vicinity is exposed and which are not rendered any more hazardous by reason of work activities. In such situations, the employee must show some special exposure which differs from the common group. Examples of the diseases and conditions which are commonly held non-compensable include: colds, measles, influenza, and the elements of nature. 8. S ECONDARY I NJURIES A new injury subsequent to an original covered injury may, under some circumstances, be a proximate result of the original injury and, therefore, be compensable. If the original injury is a contributing factor to the subsequent injury, the subsequent injury is covered. Likewise, an employee is entitled to compensation for a new or aggravated injury resulting from the medical or surgical treatment of an industrial injury. 1452 C HAPTER 9 – I NTERACTIVE P ROCESS : E MPLOYEES AND S TUDENTS I NTRODUCTION The interactive process is the way in which schools determine reasonable accommodations for disabled employees and students. The process requires that a school collaboratively explore and exchange information regarding an employee’s ability to carry out the essential duties of his or her job, as discussed in Section 2 of this Chapter. The process is similar for students though the Section 1

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