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Recreational and Social Activities

Within the Course of Employment)

Arbitration and Mediation

Alternative dispute resolution (ADR) has come to play an increasing role in the resolution of workers' compensation disputes. Almost half the states now offer arbitration and/or mediation as viable ADR methods.

Injury From Usual Exertion or Exposure Concept

"Injury From Usual Exertion or Exposure" Concept)

Employee Susceptibility to Occupational Disease

Every employee brings his own idiosyncrasies to his employment. This includes pre-existing weaknesses, hypersensitivities, and other susceptibilities that could impact the employee's health. The minority rule in workers' compensation coverage is that there is no recovery for an occupational disease where a pre-existing condition, such as asthma, contributed to the resulting disease. The minority states consider the disease to be the result of the employee's own innate susceptibility rather than to the peculiar conditions of his employment.

Ombudsman

To aid disputing parties in resolving their workers' compensation controversy, some states utilize an ombudsman program. An ombudsman focuses on helping the injured worker navigate the procedural complexities of the workers' compensation system. By doing so, the ombudsman not only serves to aid the worker in recognizing his rights and gaining the benefits due to him, but also provides the worker with an enhanced knowledge of workers' compensation in relation to his injury to make thoughtful and considered choices regarding his claim. The ombudsman is not limited to only helping injured workers. He may also provide a supportive role to the employer.