Sexton v. Sky Lakes Md. Center

An injury is not compensable unless the injury is the major contributing cause of the consequential condition; or if an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for treatment it is only compensable is the otherwise compensable injury is the major contributing cause of disability.

Claimant had a history of back problems predating workplace injuries, the Workers Compensation Board upheld denial of her claim because Claimant’s employer met the burden of establishing her injury was a preexisting condition. An injury is not compensable unless the injury is the major contributing cause of the consequential condition; or if an otherwise compensable injury combines at any time with a preexisting condition to cause or prolong disability or a need for treatment it is only compensable is the otherwise compensable injury is the major contributing cause of disability. Claimant’s injury is a “new or omitted” condition, to require the employer to compensate would be illogical because the employer would be required to accept a claim for which no benefits are due. An employer is not procedurally required to accept a preexisting condition. AFFIRMED.