They will also look at your records and medical opinion to establish
pre-existing psychological injury, or PEI:
Not exact matches
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.
Auto Collision: Wrist
injury and aggravation of
pre-existing psychological condition.
Lenworth Scarlett argued that in addition his whiplash
injuries he also had
pre-existing injuries and subsequent
psychological difficulties.
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.
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).
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.