we have a very transient workforce and since work is so plentiful, retirees are coming back to work to earn extra money.  We cannot refuse emloyment.  Scenario..an older employee slips, complains of shoulder pain, request treatment.  We transport him to Occ Fac. MRI is performed and it shows torn rotator cuff,  employee has surgery.  Post opp notes states  that all shoulder problems were chronic in nature do to the claimants age, degenerative cond. Do I still have to log this?  The injury was obviously not the result of the fall. Also, no witnesses at the time of slip accident.

Take a look at 29 CFR 1904.5(b)(3) through (b)(5). You, the insurer, and maybe even legal are going to have to make a judgement call.

From what you said above, I would say it is recordable due to the days away from work. See (b)(4)(iii).

I guess I would have to disagree.  I would say by what you said, "The injury was obviously not the result of the fall", that it is not recordable, not work related.  You answered your own question.  What you need is documentation from the doctor that states that the fall did not cause or aggravate the preexisting condition.  You have to look at what injuries the fall caused, not what was found because of the fall.  I have not heard of a fall causing a rotator cuff injury.  You need to seperate the injuries do to the fall from the other conditions.

Of course, the other big concern is why the employee fell?  You need to do an investigation to correct any conditions so a fall like this does not happen again.

Good Luck

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Safety Management '82
Indiana State Univ.

I would have to agree with the last poster.  If in fact the doctor is comfortable with stating that the rotor cuff injury was chronic and not a result of the fall.