The term "temporary aggravation of a pre-existing condition" refers to a situation where work-related factors have intensified an existing medical condition for a limited time. Importantly, this aggravation does not result in a lasting increase in impairment compared to the state of the condition before the work-related incident.
This term is primarily used in the context of employee compensation claims under the Federal Employees' Compensation Act (FECA). It is relevant in cases where an employee seeks compensation for exacerbated health issues caused by their job. Understanding this term is crucial for individuals filing claims, as it can influence the outcome of their compensation requests. Users can manage their claims using legal templates provided by US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: An office worker with a history of back pain may find that their condition worsens due to prolonged sitting and poor ergonomics at their workstation. After adjusting their work environment, the pain subsides, and they return to their baseline condition. (hypothetical example)
Example 2: A construction worker with a pre-existing knee injury experiences increased pain after lifting heavy materials. Once the heavy lifting ceases, their condition returns to its previous state. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | More comprehensive coverage for temporary aggravation claims. |
| Texas | Stricter requirements for proving the link between work and aggravation. |
| New York | Allows for broader interpretations of temporary aggravation in certain cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Permanent aggravation | A lasting increase in severity of a pre-existing condition. | Permanent aggravation results in ongoing impairment, unlike temporary aggravation. |
| Exacerbation | A temporary worsening of a condition. | Exacerbation may not be work-related, while temporary aggravation is directly caused by employment factors. |
If you believe your pre-existing condition has been temporarily aggravated by your work, consider the following steps:
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Temporary aggravation refers to a short-term increase in severity, while permanent aggravation results in ongoing impairment.