The amendments narrow the definition of “injury” by requiring it be caused by a specific incident or set of incidents arising out of and in the course of employment identifiable by time and place of occurrence. Also, the opinion of the panel physician on causation is presumed correct, but may be rebutted by a preponderance of the evidence.
§ 50-6-102(12): The definition of “injury” is amended as follows:
An injury is “accidental” only if “caused by a specific incident, or set of incidents, arising out of and in the course of employment and is identifiable by time and place of occurrence.”
The opinion of the authorized treating physician will be entitled to a presumption of correctness on the issue of causation, but may be rebutted by a preponderance of the evidence.
The definition of “injury” includes a disease if the disease “arises out of and in the course of employment.”
The definition of “injury” includes a mental injury arising out of and in the course of employment.
The definition of “injury” does NOT include cumulative trauma injuries (hearing loss, carpal tunnel syndrome, and “any other repetitive motion conditions”) unless such conditions arose primarily out of and in the course and scope of employment.
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