Board Reviews Rule for Determining Carrier Liability in Cumulative Injury Cases

In a recent unpublished case, the Board reviewed the rules for determining the responsible carrier in a cumulative injury case:  
 
The rule for determining which carrier is liable for the totality of claimant’s disability in a case involving cumulative traumatic injuries is applied as follows: if the disability results from the natural progression of an initial injury and would have occurred notwithstanding a subsequent injury, then the initial injury is the compensable injury, and, accordingly, the carrier at the time of that injury is responsible for the payment of benefits.  If, on the other hand, a subsequent work injury aggravates, accelerates, or combines with claimant’s prior injury, thus resulting in claimant’s disability, then the subsequent injury is the compensable injury and the subsequent carrier is fully liable for any disability resulting therefrom.  [The first carrier] need not establish that the injury claimant sustained in its employ played no role in claimant’s ultimate disability in order to be absolved of liability.  [The first carrier] need establish only that, after [the subsequent carrier] assumed coverage, claimant sustained an injury that aggravated, accelerated or combined with his prior back injury in order for [the subsequent carrier] to be held liable for medical expenses incurred after the second injury.  If, however, claimant’s disability is due to the natural progression of [the initial] injury, [the first carrier] remains fully liable for claimant’s medical benefits. … [I]n a traumatic injury case, the subsequent employment must contribute in some way to the resultant disability in order for a subsequent carrier to be held liable.  It is insufficient to show merely that claimant’s condition was symptomatic while [the subsequent carrier] provided coverage.  (Citations omitted.)

Aguilar v. MMKK, Inc. dba Walton Barge Terminal, BRB No. 15-0087 (11/17/15)