In the Worker’s Compensation field attorneys will often refer to something known as a “Parson’s presumption.” To a normal person with a claim this terminology means nothing.
A relatively recent 2005 case provides an adequate example. In Smith v. Brookwood Farms, a 38 year-old meat-packing supervisor in Chatham County suffered a back injury while at work. The employer recognized liability for the claim and paid the employee during the time that she was out of work. Eventually the employee underwent surgery to repair her spine. In fact, the employee’s surgeon went through her abdominal area to get to the spine. Around a month after the surgery, the employee began to suffer pain in her abdominal area, a different area than her original, compensable injury. The employee claimed that her abdominal pain was due to the surgery for her work injury. The employer claimed that it was a different body part and thus not compensable under Worker’s Compensation law.
The Commission applied what has come to be known as the “Parson’s presumption.” The basic principle of the rule is that when you suffer a compensable work injury, it is presumed that if further medical treatment is needed as a result of your work injury, even if a different body part is involved, the employer will be liable. In effect, this means that the employer has the burden to prove that the secondary injury was caused by something else, not the original injury.
This case, along with many others, shows that Worker’s Compensation law is not limited to one accident or one body part. As this Chatham County resident showed, you deserve compensation for all injuries resulting from your work accident.