Legal Definitions - just-as-probable rule

The just-as-probable rule is a principle applied in workers' compensation cases. It states that if an employee's injury or illness is equally likely to have resulted from a cause unrelated to their job as it is from a work-related cause, their claim for workers' compensation benefits will be denied.

Essentially, for a workers' compensation claim to be approved, the injured worker must demonstrate that their injury or illness was more likely caused by their work activities or environment than by something outside of work. If the evidence suggests that the cause is genuinely uncertain, and it could just as easily be work-related as non-work-related, the rule dictates that the claim cannot succeed because the worker has not met the burden of proof to show a clear work connection.

Here are some examples illustrating the just-as-probable rule:

• Scenario: Repetitive Strain Injury with Hobbies
  Maria, a data entry clerk, files a workers' compensation claim for carpal tunnel syndrome, attributing it to her extensive typing at work. However, during the investigation, it's revealed that Maria also spends several hours each evening engaging in competitive online gaming and intricate needlepoint, both activities known to contribute to repetitive strain injuries. If medical and ergonomic experts cannot definitively conclude that her work-related typing was more likely the cause than her personal hobbies, or if it's considered equally probable that her hobbies caused or significantly aggravated the condition, her claim might be denied under the just-as-probable rule.

• Scenario: Back Pain with Pre-existing Condition
  David, a construction worker, experiences sudden, severe back pain while lifting a heavy beam on a job site. He files a claim for a work-related injury. However, his medical history shows a long-standing degenerative disc disease that frequently causes back pain flare-ups, even without specific strenuous activity. If medical testimony indicates that it's just as probable that his back pain was a natural progression or sudden exacerbation of his pre-existing condition as it was directly caused by the specific lifting incident at work, the just-as-probable rule would likely lead to a denial of his workers' compensation claim.

• Scenario: Off-Site Injury During Business Travel
  Annette, a sales manager, is on a business trip and slips and falls in her hotel room bathroom, breaking her ankle. She files a claim, arguing the injury occurred while she was traveling for work. However, the investigation reveals the fall happened late at night after she had returned from a personal dinner with friends and had consumed alcohol. If it's determined to be equally probable that the fall was due to a personal activity (such as impaired judgment or a misstep unrelated to work) as it was due to the inherent risks of being in a hotel during a work-related trip, her claim could be denied because the work connection isn't established as more likely than the personal cause.