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Court Clarifies Special Compensation Fund's Liability for Workers With Preexisting Disability

Wednesday, January 18, 2023 | 0

The Intermediate Court of Appeals of Hawaii ruled that the state’s Special Compensation Fund is not liable for permanent partial disability benefits if a worker’s preexisting condition didn't cause a loss or impairment of a physical or mental function before the compensable accident. "We hold that SCF is not liable for PPD benefits if an employee's preexisting ‘condition’ did not cause a ‘disability’ — that is, ‘loss or impairment of a physical or mental function’ — before the employee's work accident," the...

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