South Coast Plaza vs. Workers’ Compensation Appeals Board. This is a case out of the Supreme Court of the State of California which indicates that if any individual has a medical problem – it could be unknown in origin or may cause death and the death is known – if there is any contribution by the employment itself then the case will be held industrial.
South Coast Plaza involves an individual who was taking medication and then was found deceased. The doctors who evaluated indicated that the majority of the problem was not work related but there was a contribution to the death by the fact that the individual was taking medication authored by the Workers’ Compensation case and treating doctors.
The court ruled that because there was a causative factor, meaning 1% or more, that the case was to be considered industrial meaning work related. So this new case expands the scope of work injury and causation. If there is causation due to the work then it would still be found to be industrial.
The Workers’ Compensation Appeal’s Board and up to the Supreme Court ruled that it was substantial enough evidence to make the case compensable.
Note this issue and if there are any problems then contact your lawyer and this office for questions.