What is the test for determining whether an employee can claim workers' compensation for a medical malpractice?

California, United States of America


The following excerpt is from Guerra v. Workers' Comp. Appeals Bd., 201 Cal.Rptr.3d 623, 246 Cal.App.4th 1301 (Cal. App. 2016):

Clemmens v. Workers' Comp. Appeals Bd. (1968) 261 Cal.App.2d 1, 7, 68 Cal.Rptr. 804.) All reasonable doubts as to whether an injury is compensable are to be resolved in favor of the employee. (Id . at p. 8, 68 Cal.Rptr. 804.) This is consistent with the mandate that the workers' compensation laws "shall be liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment." (Lab.Code, 3202.) As aptly stated by the dissent, "Rodas was in the normal course of his duties when he was overcome by sudden, massive pulmonary bleeding. In the absence of any other plausible explanation, it is not medically probable that this event was entirely unrelated to his work."

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