An employee is at home for a workers' compensation injury receiving TD. He contracts measles from one of his children. What are you liable for?

An employee is at home for a workers' compensation injury receiving TD. He contracts measles from one of his children. What are you liable for?

• A. Medical treatment for both maladies.
• B. Medical treatment and indemnity for the industrial injury only.
• C. Medical and indemnity.
• D. Medical treatment for the measles pursuant to the compensable consequences doctrine.

Answer: (B)

The situation hinges on how workers’ compensation covers conditions: benefits flow for injuries that arise out of or in the course of employment, including medical treatment for the industrial injury and indemnity (disability) tied to that injury. The compensable consequences doctrine allows coverage for additional conditions that are caused by the compensable injury or its treatment. Here, the TD and medical care are for the work-related injury. The measles contracted at home from a child is a separate illness not caused by the industrial injury or its treatment, so it isn’t a compensable consequence. Therefore, you’re liable for medical treatment and indemnity for the industrial injury only, not for the measles.

The situation hinges on how workers’ compensation covers conditions: benefits flow for injuries that arise out of or in the course of employment, including medical treatment for the industrial injury and indemnity (disability) tied to that injury. The compensable consequences doctrine allows coverage for additional conditions that are caused by the compensable injury or its treatment. Here, the TD and medical care are for the work-related injury. The measles contracted at home from a child is a separate illness not caused by the industrial injury or its treatment, so it isn’t a compensable consequence. Therefore, you’re liable for medical treatment and indemnity for the industrial injury only, not for the measles.