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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
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work. Both employees are seriously injured in the accident. Is either worker
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considered to be an employee on duty?
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A13. Neither employees’ injuries are reportable as occurring to a Railroad Employee
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On Duty (Class A). While the employee parking lot is part of the work
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environment, injuries occurring there would be classified as injuries to Railroad
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Employees Not On Duty (Class B).
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Q14. How do I decide if a case is work-related when the employee is working at
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home or telecommuting from another location?
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A14. Injuries and illnesses that occur while an employee is working at home, including
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work in a home office, will be considered work-related if the injury or illness
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occurs while the employee is performing work for pay or compensation in the
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home, and the injury or illness is directly related to the performance of work
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rather than to the general home environment or setting. For example, if an
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employee drops a box of work documents and injures his or her foot, the case is
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considered work-related. If an employee is injured because he or she trips on the
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family dog while rushing to answer a work phone call, the case is not considered
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work-related. If an employee working at home is electrocuted because of faulty
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home wiring, the injury is not considered work-related.
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Q15. If an employee voluntarily takes work home and is injured while working at
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home, is the case reportable?
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A15. No. Injuries and illnesses occurring in the home environment are only considered
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work-related if the employee is being paid or compensated for working at home
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and the injury or illness is directly related to the performance of the work rather
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than to the general home environment.
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6.7 Determination of New Cases
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You must consider an injury or illness to be a “new case” if:
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1. The person has not previously experienced a reported injury or illness of the same type
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that affects the same part of the body; or
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2. The person previously experienced a reported injury or illness of the same type that
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affected the same part of the body but had recovered completely (all signs and symptoms
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had disappeared) from the previous injury or illness; and an event or exposure in the
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work environment discernibly caused the signs or symptoms to reappear.
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F 6180.55a
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The following criteria are used for determining whether any injury or illness, including a
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musculoskeletal disorder, is to be treated as a new case or as the continuation of an “old” injury
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or illness. First, if the employee has never had a reported injury or illness of the same type and
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affecting the same part of the body, the case is automatically considered a new case and must be
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evaluated for reportability. This provision will handle the vast majority of injury and illness
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cases, which are new cases rather than recurrences or case continuations. Second, if the
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employee has previously had a reported injury or illness of the same type and affecting the same
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body part, but the employee has completely recovered from the previous injury or illness, and a
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new workplace event or exposure causes the injury or illness (or its signs or symptoms) to
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reappear, the case is a recurrence that the employer must evaluate for reportability.
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When an employer has determined that an employee injury or illness is an old case, the employer
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should review any additional or new information and amend the old records or reports when
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appropriate. If it is a new case, it must be reviewed for reportability.
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6.7.1 Questions and Answers on New Cases
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Q16. How is an employer to determine whether an employee has “recovered
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completely” from a previous injury or illness such that a later injury or
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illness of the same type affecting the same part of the body resulting from an
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event or exposure at work is a new case? If an employee’s signs and
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symptoms disappear for a day and then resurface the next day, should the
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employer conclude that the later signs and symptoms represent a new case?
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A16. An employee has recovered completely from a previous injury or illness, for
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purposes of this section, when he or she is fully healed or cured. The employer
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must use his best judgment based on factors such as the passage of time since the
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symptoms last occurred and the physical appearance of the affected part of the
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body. If the signs and symptoms of a previous injury disappear for a day only to
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reappear the following day, that is strong evidence the injury has not properly
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healed. The employer may, but is not required to, consult a PLHCP. Where the
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employer does consult a PLHCP to determine whether an employee has recovered
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completely from a prior injury or illness, it must follow the PLHCP’s
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recommendation. In the event the employer receives recommendations from two
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or more PLHCPs, the employer may decide which recommendation is the most
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authoritative and report the case based on that recommendation.
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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
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be a new case?
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A17. No. For occupational illnesses where the signs or symptoms may recur or
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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,
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and silicosis.
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Q18. When an employee experiences the signs or symptoms of an injury or illness
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as a result of an event or exposure in the workplace, such as an episode of
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occupational asthma, must I treat the episode as a new case?
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A18. Yes. Since the episode or recurrence was caused by an event or exposure in the
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workplace, the incident must be treated as a new case.
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Q19. May I rely on a PLHCP to determine whether a case is a new case or a
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recurrence of an old case?
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A19. You are not required to seek the advice of a PLHCP to determine whether a case
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is new or a recurrence of an old one. However, if you do seek such advice, you
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must follow the PLHCP’s recommendation about whether the case is a new case
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or a recurrence. If you receive recommendations from two or more PLHCPs, you
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must make a decision as to which recommendation is the most authoritative (best
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documented, best reasoned, or most persuasive), and report the case based upon
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that recommendation. If a subsequent physician determines that the condition
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does not exist or is not work-related following a review of the examining
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physician’s tests, notes, diagnosis, etc., then it must be clearly documented why
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the subsequent physician’s findings differ from the original physician.
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6.8 General Reporting Criteria
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FRA’s general reporting criteria for death, injury, or occupational illness is set forth in Chapter
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