Mississippi Longshore Accidents and Injuries – Are Subsequent Injuries Caused By Medical Treatment Covered?
April 12th, 2011Mississippi Longshore Accidents and Injuries – Are Subsequent Injuries Caused By Medical Treatment Covered?
by Jay Foster, Mississippi Longshore Attorney
In short, if you are injured in a Longshore accident, you may recover for subsequent injuries caused by medical treatment. In a recent case, an injured Longshore worker sustained a back injury at work. Subsequently, the injured worker claimed that the steroid injections used to treat his back injury made him gain weight which caused him to have heart problems. The Court found that the Administrative Law Judge should not have applied Section 20(a) presumption of causation to the heart problems.
Section 20(a) is a statutory presumption and it applies only to the initial back injury claim made. U.S. Indus./Fed. Sheet Metal, Inc. v. Dir., OWCP, 455 U.S. 608, 613 (1982). Therefore, if an injured worker has a subsequent injury, he or she must prove by substantial evidence that the secondary condition “naturally or unavoidably” happened from the first injury. See 33 U.S.C. §902(2).
As a result, the question is whether an injured worker’s medical condition (in this case the heart problems) “naturally or unavoidably” happened due to the medical treatment (in this case the steroid injections for the back).
If you have questions about this or any other Longshore accident or injury, please call or email Jay Foster
