Managing Employee Injuries and Disability and Occupational Safety

4. E FFECT The effect of a presumption is that any disability within the scope of a presumption may not be attributed to any disease which existed prior to its development or manifestation. In practical terms, this means that if a safety employee is entitled to the presumption, the fact that he had, for example, pre-existing coronary artery disease, is irrelevant. Court decisions have held that medical evidence which attributes the disability to other medical causes does not overcome the presumption. As a practical matter, a disability falling within the scope of a presumption is difficult to defend against. The employer may, however, rebut the presumption by coming forward with evidence of other accelerating, aggravating or exacerbating outside factors in the safety employee’s employment. Typically, this might include other stressful activities which are not work-related, including outside employment or other physical activities that might be contributing to the condition. Not all conditions which appear to be “heart trouble,” however, are necessarily covered by that presumption. The employee must still come forward with medical evidence showing that the heart is involved. Consequently, in one case, an employee who suffered from hypertension and was held not to be entitled to the presumption in the absence of evidence that the heart itself was involved. 35 Another class of disabilities which has been held not subject to the heart presumption are psychogenic disorders in which the employee, due to a mental condition, has physical complaints or fear pertaining to his heart. 36

B ENEFITS

Section 4

A. I N G ENERAL The workers’ compensation law provides that compensation is the measure of responsibility which the employer has assumed for injuries and deaths which occur to employees in employment. The purpose of the workers’ compensation award is not to make an injured employee whole for the losses suffered, but to prevent the worker and the worker’s dependents from becoming public charges during the period of disability. Complete protection is not afforded the employee. Under the Act, a compensable injury or death may make the employer liable for one or more of the following: medical benefits, temporary disability, permanent disability, death benefits, reimbursement of expenses, and rehabilitation. Where liability for compensation exists, the compensation shall be furnished or paid by the employer or insurer.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 30