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to work, parks her car in the company parking lot, and is walking across the
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lot, when she is struck by a car driven by Employee B, who is commuting to
work. Both employees are seriously injured in the accident. Is either worker
considered to be an employee on duty?
A13. Neither employees’ injuries are reportable as occurring to a Railroad Employee
On Duty (Class A). While the employee parking lot is part of the work
environment, injuries occurring there would be classified as injuries to Railroad
Employees Not On Duty (Class B).
Q14. How do I decide if a case is work-related when the employee is working at
home or telecommuting from another location?
A14. Injuries and illnesses that occur while an employee is working at home, including
work in a home office, will be considered work-related if the injury or illness
occurs while the employee is performing work for pay or compensation in the
home, and the injury or illness is directly related to the performance of work
rather than to the general home environment or setting. For example, if an
employee drops a box of work documents and injures his or her foot, the case is
considered work-related. If an employee is injured because he or she trips on the
family dog while rushing to answer a work phone call, the case is not considered
work-related. If an employee working at home is electrocuted because of faulty
home wiring, the injury is not considered work-related.
Q15. If an employee voluntarily takes work home and is injured while working at
home, is the case reportable?
A15. No. Injuries and illnesses occurring in the home environment are only considered
work-related if the employee is being paid or compensated for working at home
and the injury or illness is directly related to the performance of the work rather
than to the general home environment.
6.7 Determination of New Cases
You must consider an injury or illness to be a “new case” if:
1. The person has not previously experienced a reported injury or illness of the same type
that affects the same part of the body; or
2. The person previously experienced a reported 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 discernibly caused the signs or symptoms to reappear.
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The following criteria are used for determining whether any injury or illness, including a
musculoskeletal disorder, is to be treated as a new case or as the continuation of an “old” injury
or illness. First, if the employee has never had a reported injury or illness of the same type and
affecting the same part of the body, the case is automatically considered a new case and must be
evaluated for reportability. This provision will handle the vast majority of injury and illness
cases, which are new cases rather than recurrences or case continuations. Second, if the
employee has previously had a reported injury or illness of the same type and affecting the same
body part, but the employee has completely recovered from the previous injury or illness, and a
new workplace event or exposure causes the injury or illness (or its signs or symptoms) to
reappear, the case is a recurrence that the employer must evaluate for reportability.
When an employer has determined that an employee injury or illness is an old case, the employer
should review any additional or new information and amend the old records or reports when
appropriate. If it is a new case, it must be reviewed for reportability.
6.7.1 Questions and Answers on New Cases
Q16. How is an employer to determine whether an employee has “recovered
completely” from a previous injury or illness such that a later injury or
illness of the same type affecting the same part of the body resulting from an
event or exposure at work is a new case? If an employee’s signs and
symptoms disappear for a day and then resurface the next day, should the
employer conclude that the later signs and symptoms represent a new case?
A16. An employee has recovered completely from a previous injury or illness, for
purposes of this section, when he or she is fully healed or cured. The employer
must use his best judgment based on factors such as the passage of time since the
symptoms last occurred and the physical appearance of the affected part of the
body. If the signs and symptoms of a previous injury disappear for a day only to
reappear the following day, that is strong evidence the injury has not properly
healed. The employer may, but is not required to, consult a PLHCP. Where the
employer does consult a PLHCP to determine whether an employee has recovered
completely from a prior injury or illness, it must follow the PLHCP’s
recommendation. In the event the employer receives recommendations from two
or more PLHCPs, the employer may decide which recommendation is the most
authoritative and report the case based on that recommendation.
Q17. When an employee experiences the signs or symptoms of a chronic workrelated illness, do I need to consider each recurrence of signs or symptoms to
be a new case?
A17. 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
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reported once. Examples may include occupational cancer, asbestosis, byssinosis,
and silicosis.
Q18. 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?
A18. Yes. Since the episode or recurrence was caused by an event or exposure in the
workplace, the incident must be treated as a new case.
Q19. May I rely on a PLHCP to determine whether a case is a new case or a
recurrence of an old case?
A19. You are not required to seek the advice of a PLHCP to determine whether a case
is new or a recurrence of an old one. However, if you do seek such advice, you
must follow the PLHCP’s recommendation about whether the case is a new case
or a recurrence. If you receive recommendations from two or more PLHCPs, you
must make a decision as to which recommendation is the most authoritative (best
documented, best reasoned, or most persuasive), and report the case based upon
that recommendation. If a subsequent physician determines that the condition
does not exist or is not work-related following a review of the examining
physician’s tests, notes, diagnosis, etc., then it must be clearly documented why
the subsequent physician’s findings differ from the original physician.
6.8 General Reporting Criteria
FRA’s general reporting criteria for death, injury, or occupational illness is set forth in Chapter