Board Rule 204. Subsequent Non-Work Related Injury; Chain of Causation; Burden of Proof

The employer/insurer shall not suspend weekly benefits on the ground that a subsequent nonwork- related injury has broken the chain of causation between the compensable injury and the employee's disability except by the order of the Board.

The burden of proving that the chain of causation has been broken shall be upon the employer/insurer.

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O.C.G.A. § 34-9-204. Compensation where death or disability caused by nonwork related injury

(a)  No compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by a subsequent nonwork related injury which breaks the chain of causation between the compensable injury and the employee's disability.

(b)  It is the intent of the General Assembly that this Code section codify existing case law.

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O.C.G.A. § 34-9-280. Definitions

As used in this article, the term:

(1)  "Disablement" means the event of an employee becoming actually disabled to work, as provided in Code Sections 34-9-261, 34-9-262, and 34-9-263, because of occupational disease;

(2)  "Occupational disease" means those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation all of the following:

(A)  A direct causal connection between the conditions under which the work is performed and the disease;

(B)  That the disease followed as a natural incident of exposure by reason of the employment;

(C)  That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;

(D)  That the disease is not an ordinary disease of life to which the general public is exposed;

(E)  That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.

For the purposes of this paragraph, partial loss of hearing due to noise shall not be considered an occupational disease.  Psychiatric and psychological problems and heart and vascular diseases shall not be considered occupational diseases, except where they arise from a separate occupational disease.

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