tag:blogger.com,1999:blog-8406987015225339822.post8488905310997491335..comments2023-12-31T21:38:23.490-06:00Comments on Judge Tom Talks: Major Cause Revisited ---- AgainTom Leonardhttp://www.blogger.com/profile/10908767434265724004noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8406987015225339822.post-87033659799725038112009-02-23T08:58:00.000-06:002009-02-23T08:58:00.000-06:00While I believe in the "major cause" I question th...While I believe in the "major cause" I question that it is the measuring stick we should use for EVERY claim. The original principle of insurance is to put the insured back where they were prior to the accident. However in the citation you have given today, we essentially are fixing all the health problems the claimant had prior to the incident. Pre existing conditions will become more of a major player, with our economy on the blink, and people working longer into the golden years, we will see more and more employees that will need medical care. Surgery is not always the answer, and once surgery is completed the PPD award is a sure followup. Before long, the theory of adverse selection will begin, and the only employees we can hire are ones with healthcare needs. They have no other way to have their healthcare paid for, other than Work Comp. Apportionment should be made in each case where medical documentation will substantiate the pre existing condition.kansashotrodhttps://www.blogger.com/profile/08796913759598888660noreply@blogger.com