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Recent Developments
Injury (Rakestraw)

Hale v Borgess Medical Center, 2004


In this case, the Workers’ Compensation Appellate Commission further addressed the issue of what constitutes a medically distinguishable condition needed to satisfy the Rakestraw requirement for pre-existing conditions. The Commission espoused that pain alone is not conclusive evidence of a medically distinguishable injury, however an injury producing continuing pain or pain that is different from an employee’s pre-injury condition will constitute a medically distinguishable condition. Further, if an injury produces continuing pain such that it causes impaired performance of pre-injury activities, that can also constitute a medially distinguishable injury.
 
 
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