module 5 Flashcards

(35 cards)

1
Q

Define “Causation” in workers’ compensation.

A

The medical-legal link between job duties/exposures and an injury, disease, or condition; determines if an injury is compensable.

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2
Q

What does AOE stand for and mean?

A

Arising Out of Employment — injury caused by a risk or hazard of the job (why it happened).

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3
Q

What does COE stand for and mean?

A

Course of Employment — injury occurred while doing work tasks, during work hours, on employer premises (when/where).

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4
Q

Mnemonic to remember AOE vs COE?

A

AOE = “A cause”; COE = “Clock & location.”

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5
Q

Key difference: AOE vs COE focus?

A

AOE = cause/hazard; COE = time/place/job duty.

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6
Q

Legal test for causation in CA WC?

A

Substantial Factor Test — work need only be a significant factor in causing the injury, not sole cause.

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7
Q

Define “Causation in Fact.”

A

Actual medical evidence that work activities directly caused or aggravated the injury (but-for cause).

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8
Q

Define “Legal Causation.”

A

Whether injury is compensable under WC law; lower threshold than civil cases — just needs substantial factor.

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9
Q

Why is causation important for QMEs?

A

Determines compensability, apportionment, and benefit eligibility; key part of QME report.

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10
Q

Example: Carpal tunnel from typing?

A

Demonstrates causation in fact — work activity directly produced condition.

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11
Q

Example: Smoking + toxic fumes lung dz?

A

Work exposure can still be a substantial factor even if smoking also contributed.

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12
Q

How does preexisting condition affect causation?

A

Work injury that aggravates or accelerates a prior condition is compensable if work is substantial factor.

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13
Q

What’s the “Going and Coming Rule”?

A

Commuting usually not COE, but exceptions (traveling sales, special errands).

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14
Q

AOE/COE table — core:

A

AOE = cause; COE = time/place; both must be met for WC claim.

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15
Q

Mnemonic for causation elements?

A

C.A.S.E. — Cause (AOE), At work (COE), Substantial factor, Evidence.

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16
Q

Types of causation in WC?

A

Direct, Aggravation, Cumulative, Consequential, Secondary.

17
Q

Define cumulative trauma causation.

A

Injury from repeated microtrauma/exposure over time at work; satisfies AOE/COE if job is substantial factor.

18
Q

Define consequential injury.

A

New injury/condition resulting from original work injury (e.g., altered gait → hip pain).

19
Q

Define secondary injury.

A

Separate injury stemming from treatment/rehab of primary work injury (e.g., medication side effect).

20
Q

Pitfall: purely personal risk injury?

A

Usually not compensable unless work substantially contributed (e.g., stress + personal heart disease).

21
Q

QME’s role in causation disputes?

A

Analyze records, exam, job duties to opine if work substantially caused/aggravated condition.

22
Q

Key documents for causation analysis?

A

Medical history, job duty description, mechanism of injury, diagnostics, prior records.

23
Q

Substantial factor vs proximate cause?

A

SF is lower bar; doesn’t have to be only or predominant cause.

24
Q

Why define “legal vs factual” causation?

A

Clarifies medical vs legal thresholds; helps QME frame opinion for WCAB.

25
Mnemonic for substantial factor test?
BIG — “But-for not needed, Important enough, Greater than trivial.”
26
Importance of clear causation statement in QME?
Drives claim acceptance, apportionment, PD rating, dispute resolution.
27
When does AOE fail?
If injury stemmed solely from personal risk unrelated to job hazards.
28
When does COE fail?
If injury occurred off-duty, outside job scope, not benefiting employer.
29
Multiple cause case documentation tip?
Detail each factor (work vs non-work) and weigh significance.
30
Role of QME in apportionment vs causation?
Causation: did work cause/aggravate? Apportionment: % of PD from work vs other factors.
31
Why is timing critical in causation?
Symptom onset soon after work exposure supports work-relatedness.
32
How does CA law treat mixed causation?
Still compensable if work is a substantial factor, even if other causes exist.
33
Why are causation opinions challenged?
Bias, poor rationale, missing history, or failure to address all AOE/COE elements.
34
QME mnemonic to build causation opinion?
H.A.M.M.E.R. — History, AOE/COE, Mechanism, Medical evidence, Employment factors, Rationale.
35
Effect of weak causation evidence?
Claim denial, benefit delays, or need for second QME.