Was There a Work-Related Injury?
Yes. No. and Yes.
In this instance, there is no evidence that the medical episode had an industrial component. Thus, it is possible that the cause of the medical emergency could be non-industrial and non-work-related. On the other hand, the bus crashing would be considered work-related. Thus, any harm from the vehicle accident would be considered as work-related. Thus, if the driver broke their arm as a result of the crash, that injury would be considered as work-related.
Further, if it was determined that the medical episode had an industrial component to it, then both the episode and the vehicle accident will be considered as work-related.
Given the facts of this case, the insurance carrier would certainly delay the claim with respect to the medical episode to obtain a medical opinion as to whether there was an industrial component. The opinion on industrial causation would come from either a treating doctor or an evaluating doctor.
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