Who may apply for medical care benefits where an injury or disease already caused by an occupational injury is later discovered and needs care?
General information · Not legal advice
Material to check
In a practice file we read the papers showing that the worker is under medical care for an occupational injury, the medical records and diagnosis papers showing that the additional injury or disease was found afterwards and care is needed, and the application naming that additional condition.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps every condition in place: a worker who is undergoing medical care for an occupational injury may apply for benefits for an additional condition where an injury or disease already produced by that same occupational injury has been additionally discovered and care is needed for it.
Another reading separates the two branches, since the first covers a condition already caused by the occupational injury and merely found later, while the second covers a new disease arising out of that injury or disease, and the provision does not name who decides which branch a condition falls in or on what medical record that call is made.
Your judgment
What in the papers would show that the additional condition was already produced by the occupational injury rather than newly arising out of it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended on who may apply or on what counts as being under medical care, or if a decision sets out the record needed to place a condition in one branch rather than the other.