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Guide to Virginia Workers’ Compensation Law

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VI. Compensable Consequences A. The doctrine of compensable consequence provides that when an injury or disease is compensable under the Act, every natural consequence that flows from that injury or disease, whether it takes the form of a progression, a deterioration, or an aggravation, is compensable if it is a direct and natural result of the primary injury. B. Compensable consequences can either be gradually incurred or suddenly incurred. Additionally, the consequence can either be a new problem or an aggravation of a pre-existing condition. 1. 2. C. An example of a gradually incurred consequence exists where a claimant's back injury causes him to walk with an altered gait, and the altered gait gradually causes a knee injury. An example of a suddenly incurred compensable consequence would exist if a claimant with a knee injury fell due to his knee giving way, and the fall resulted in an injury to his back. There are three exceptions to the employer's responsibility for compensable consequences: 1. 2. A consequence that is otherwise compensable as a new injury by accident under the Act is not compensable as a consequence of the first accident. An employer is not responsible for a consequence that results from an "independent intervening cause attributable to a claimant's own intentional conduct." Here, it is crucial to remember that it is not enough to have an independent intervening cause that aggravates the work injury. That cause must be attributable to the claimant's intentional conduct. This is a significantly more difficult fact to prove than just showing the existence of an intervening accident. 3. Finally, the doctrine of compensable consequences does not apply to a consequence of a compensable consequence.

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