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OhioBWC - Basics:  Basis for the causality or causal relationship

               
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Basis for the causality or causal relationship

To address causality or causal relationship for BWC claims, the examining physician should understand the legal definitions and requirements. Ohio Revised Code 4123.01 provides the following definitions:

  • "Injury" includes any injury, whether caused by external, accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee's employment;
  • "Occupational disease" means a disease contracted in the course of employment, which by its causes and the characteristics of its manifestation or the condition of the employment results in a hazard which distinguishes the employment in character from employment generally, and the employment creates a risk of contracting the disease in greater degree and in a different manner from the public in general.

The Ohio Administrative Code 4123-3-09 states the "the burden of proof is upon the claimant (applicant for workers' compensation benefits) to establish each essential element of the claim by preponderance of the evidence." One of the essential elements the injured worker must prove is "That the alleged injury or occupational disease was sustained or contracted in the course of and arising out of employment".

Note: For workers' compensation purposes, the standard or threshold to be attained for establishing the relationship is more likely or probable than not, which equates to a greater than 50 percent likelihood of the alleged diagnosis or condition being work-related.


 
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