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Pugh v. New Castle County

Pugh v. New Castle County, IAB No. 1354747 (Nov. 16, 2015).

The Board holds that dental treatment, including dental implants, is causally related to a compensable work accident.  Specifically, the claimant’s significant and rampant dental decay was caused by xerostomia, or dry mouth, resulting from medications used to treat his compensable low back injury.

Blake v. State of Delaware

Blake v. State of Delaware, Del. Supr., No. 477, 2001, Veasy, C.J., (Mar. 12, 2002)

The Court held that a doctor's testimony that he was satisfied to a reasonable degree of medical certainty that a work accident accelerated the claimant's injury and his need for surgery, was sufficient evidence for the Board to infer that the accident proximately caused the surgery. The proper standard, correctly applied by the Board, is whether the surgery would have been required at that time but for the accident.

Meloni v. General Motors Corp.

Meloni v. General Motors Corp., IAB Hearing No. 1243136 IAB Hearing No. 1243684 (June 25, 2004)

This case includes a comprehensive discussion of the standard of causation for cumulative detrimental effect injuries. The Claimant must prove that the ordinary "stress and strain" of employment formed the substantial cause of his workers' compensation claim. That ordinary "stress and strain" must exist as a direct cause to the basis of the claim without which the injuries would not have occurred.

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