(a) Basic requirement. You must consider an injury or illness to be
a "new case" if:
(1) The employee has not previously experienced a recorded injury or
illness of the same type that affects the same part of the body, or
(2) The employee previously experienced a recorded injury or illness of
the same type that affected the same part of the body but had recovered
completely (all signs and symptoms had disappeared) from the previous
injury or illness and an event or exposure in the work environment caused
the signs or symptoms to reappear.
(1) When an employee experiences the signs or symptoms of a chronic
work-related illness, do I need to consider each recurrence of signs or
symptoms to be a new case?
No. For occupational illnesses where the signs or symptoms may recur or
continue in the absence of an exposure in the workplace, the case must
only be recorded once. Examples may include occupational cancer,
asbestosis, byssinosis and silicosis.
(2) When an employee experiences the signs or symptoms of an injury or
illness as a result of an event or exposure in the workplace, such as an
episode of occupational asthma, must I treat the episode as a new case?
Yes. Because the episode or recurrence was caused by an event or
exposure in the workplace, the incident must be treated as a new case.
(3) May I rely on a physician or other licensed health care
professional to determine whether a case is a new case or a recurrence of
an old case?
You are not required to seek the advice of a physician or other
licensed health care professional. However, if you do seek such advice,
you must follow the physician or other licensed health care professional's
recommendation about whether the case is a new case or a recurrence. If
you receive recommendations from two or more physicians or other licensed
health care professionals, you must make a decision as to which
recommendation is the most authoritative (best documented, best reasoned,
or most authoritative), and record the case based upon that
NOTE: Authority cited: Section 6410, Labor Code. Reference: Section
6410, Labor Code.