A Capehart Scatchard Blog

Tag: idiopathic defense

Understanding The Idiopathic Defense

By on August 24, 2018 in Key Defenses with 0 Comments

We hear the term “idiopathic claim” quite frequently in workers’ compensation, but what does it really mean?  To begin with, “idiopathic” is a combination of two Greek words:  “idio” relating to “one’s own” and “pathic” suggesting suffering or disease.  It has come to mean any disease or condition of unknown cause.  Lawyers and practitioners have […]

Continue Reading »

Understanding Idiopathic Claims and How to Prove the Defense

By on November 10, 2015 in Key Defenses with 1 Comment

The term “idiopathic defense” is widely misunderstood.  Practitioners need to appreciate when the defense applies and who has the burden of proving an idiopathic defense.  In New Jersey, and in most states, the burden is on the employer to prove an idiopathic defense.  The word “idiopathic” comes from the Greek: “idios” meaning one’s own, and […]

Continue Reading »

Top