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Pike County Commission v. Green

9/10/1999

. 23, 26, 846 P.2d 836, 839 (Ariz. App. 1992) (" employee's reasonable conduct in causing a later non-industrial injury does not relieve the employer of liability if the later injury is the 'direct and natural result' of the compensable work injury."). Thus, "a subsequent injury, whether an aggravation of an original injury or a new and distinct injury, is compensable if it is the direct and natural result of a compensable primary injury." 1 Larson, supra, ยง 13.11.


Because Green's subsequent injury was not work-related, the successive-compensable-injury test, and not the last-injurious-exposure rule, applies. Lifting a 12-pound baby is an activity that is "customary in light of [Green's] condition." Wilson, 174 W. Va. at 616, 328 S.E.2d at 490. Because the undisputed evidence in this case indicates that Green's herniated disk was a natural and direct result of his job -related back injuries, the trial court properly held that Green's September 1995 injury was compensable.


III.


The trial court properly held that Green is entitled to workers' compensation benefits for his herniated disk. Accordingly, the judgment of the Court of Civil Appeals is affirmed.


AFFIRMED


Hooper, C.J., and Maddox, Houston, Cook, Lyons, Brown, and Johnstone, JJ., concur.






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