Accord, Odyssey/Americare of Oklahoma v. Worden, 948 P.2d 309, 311 (Okla. 1997). labrador its the most wonderful time of the year christmas sweater Under this “but for” approach to work-relationship, it is not necessary that
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it is apparent that Congress did not, in Section 8, mean to limit recordable “work-related” injuries and illnesses only to those caused primarily or substantially by work. labrador its the most wonderful time of the year christmas sweater It is evident from the statute that Congress wanted employers to keep accurate records of non-minor injuries and illnesses, in part, to serve as a basis for research on the causes and prevention of industrial accidents and diseases. This research is needed, among other reasons, to further examine and understand those occupational factors implicated as contributory causes in injuries and diseases. To serve this purpose, the records should include cases in which there is a tangible connection between work and an injury or illness, even if the causal effect cannot be precisely quantified, or weighed
against non-occupational factors. Some commenters favored a somewhat different test for work-relationship that focused on the nature of the injury-causing event in the workplace. This test would include in the OSHA records only those cases resulting from uniquely occupational or job-related activities or processes. Supporters of this approach argued that it would exclude injuries and illnesses caused by factors at work that are unrelated to production tasks, or that are unpreventable by the employer’s safety and health program. The final rule’s geographic presumption reflects a theory of causation similar to that applied by courts in some workers’ compensation cases. Under the “positional-risk” test, an injury may be found to “arise out of” employment for compensation purposes if it would not have occurred but for the fact that the conditions and obligations of employment placed the claimant in the position where he or she was injured. See 1 Larson’s Workers’ Compensation Law section 6.50 .