Acceleration of the Major Contributing Cause Standard

Sunday, May 8, 2005 | 0

The following two part article series is an adaptation of a Florida State Bar approved continuing education course presented by attorney H George Kagan. The actual State Bar course outline has been formalized into a narrative article for the ease of reading purposes. This first part presents an overview of the Major Contributing Cause standard. The second part of this series will review problems, concerns and statutory inconsistencies.

Acceleration Or Aggravation Of Personal, Preexisting (Non Mental/Nervous) Injury Or Disease And The "Major Contributing Cause" Standard

By: H. George Kagan

A. STATUTORY BASIS - What It Is and What It Isnt

There are 2 (actually 3, counting the variation in the "psychiatric" cases) "Major Contributing Cause" ("MCC") standards: dont be confused!

The first pertains to the origin of the risk of harm, i.e., injury "arises out of" employment only if "work performed in the course and scope of employment is the MCC of injury or death.