What is the critical element in determining whether an employee has a manifest mental health condition?
MultiRegion, United States of America
The following excerpt is from Sea Tac Alaska Shipbuilding v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, 8 F.3d 29 (9th Cir. 1993):
In determining whether a condition is manifest, the critical element is not actual knowledge of the disability by the employer, but what information the employer has available to him should he decide to take notice of it. Director, OWCP v. Cargill, Inc., 689 F.2d 819 (9th Cir.1982).
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