The Department of Labor decision can be found here:
Wednesday, October 2, 2013
Department Reiterates Worsening of Preexsting Condition Compensable
Where
a pre-existing condition is worsened by any degree because of a work injury or
condition of work, resulting medical treatment is compensable. Goodwin v. AmeriGas Propone, Op. No. 21-13WC (September 10, 2013). When considering a progressively degenerative
disease, where "the disease, if left to itself, and
apart from any injury, would, in time,
have inevitably caused a complete disability," the causation test becomes
whether, due to a work injury or the work environment, "the disability
came upon the claimant earlier than otherwise would have occurred." Stannard
v. Stannard, 2003 VT 52 ¶11 (May 29, 2003), citing Jackson v. True
Temper Corp., 151 Vt. 592, 596 (1989) (internal quotations and citations
omitted).
