Hazards from treatment for a pre-existing condition may be compensable if they are what?

• A. expected
• B. unknown
• C. unexpected
• D. preventable

Answer: (C)

Hazards from treatment for a pre-existing condition are considered compensable when the harm is an unforeseen, unanticipated consequence of the treatment. The key idea is that compensation covers injuries that arise as a result of medical care for a service-connected condition, but only if the complication was not a known or expected risk of that treatment. If the hazard is an expected, known risk, it’s viewed as part of the normal risk profile of the procedure and not the same category of compensable treatment-related injury. Unknown hazards aren’t defined criteria, and preventable doesn’t determine compensability as much as whether the complication was unexpected. So, an injury that occurs as an unexpected, unforeseen result of the treatment fits the scenario for potential compensability.