Sentences with phrase «pre-existing psychological condition»

And there are those psychological symptoms where the defendant's wrongful act triggers a pre-existing psychological condition so that both the defendant's wrongful act and the pre-existing condition are causes - in - fact of the psychological injury (Yoshikawa v. Yu).

Auto Collision: Wrist injury and aggravation of pre-existing psychological condition.

Not exact matches

(C) For purposes of paragraphs (c)(1)(iv)(A) and (B) of this section, a medical condition includes an ascertainable physiological condition (e.g., a respiratory system dysfunction) or a medically documented pre-existing psychological disorder, but does not include unsupported assertions of «situational anxiety» or hyperventilation.

(e) For purposes of this paragraph, a medical condition includes an ascertainable physiological condition (e.g., a urinary system dysfunction) or a medically documented pre-existing psychological disorder, but does not include unsupported assertions of «situational anxiety» or dehydration.

A 25 year old housewife who sustained a soft tissue injury to her lower back which affected a pre-existing condition and had symptoms on a daily basis for six months after the accident with a full recovery after nine months (but still suffered anxiety and hyper vigilance driving for 18 months) was given # 2750 by Sheriff Hammond in Jedburgh Sheriff Court (GWD 20/8/10 Number 492) Pollock v Westall) the sheriff felt it was appropriate to take account of the psychological impact.

In the latter cases the psychological injury will be compensable on the basis of a pre-existing thin skull, except only in cases where the psychological problem is so dominant as a pre-existing condition and the injuries sustained in the accident are so trivial that the accident can no longer be said to be a sufficient cause in law to support an award of damages on the basis of proximate cause.

Main findings from the review of caselaw on WSIB adjudication (see also Chart) point to the regular disregard of the treating health professional's medical opinion about whether return to work is safe; the reversal of benefits promised to the most vulnerable injured workers (those with permanent disabilities approaching «lock - in» of benefits); wrongful denial of compensation based on «little or no evidence» of pre-existing conditions; and undue targeting of workers with psychological injuries for denial of claims and for surveillance.