Which statement best describes the liability for Hepatitis C contracted due to a transfusion during surgery for a work-related injury?

Which statement best describes the liability for Hepatitis C contracted due to a transfusion during surgery for a work-related injury?

• A. No liability.
• B. The compensable consequences of Hepatitis.
• C. Medical treatment for Hep C.
• D. Liability for temporary disability.

Answer: (B)

In California workers’ compensation, injuries can have compensable consequences—illnesses or disabilities that arise from the work injury or from treatment of the injury. If surgery for a work-related injury requires a transfusion and that transfusion leads to Hepatitis C, the Hepatitis C is a compensable consequence of the work injury and its medical treatment. The insurer is liable for that disease as part of the overall compensable consequences, including related medical care and any resulting impairment or disability. The other options don’t capture this broader idea. Saying there is no liability ignores the compensable consequences doctrine. Saying the liability is only for medical treatment for Hep C focuses on treatment rather than the disease as a consequence of the injury and its treatment. And focusing on temporary disability describes a potential benefit outcome rather than the nature of the liability for the condition itself.

In California workers’ compensation, injuries can have compensable consequences—illnesses or disabilities that arise from the work injury or from treatment of the injury. If surgery for a work-related injury requires a transfusion and that transfusion leads to Hepatitis C, the Hepatitis C is a compensable consequence of the work injury and its medical treatment. The insurer is liable for that disease as part of the overall compensable consequences, including related medical care and any resulting impairment or disability.

The other options don’t capture this broader idea. Saying there is no liability ignores the compensable consequences doctrine. Saying the liability is only for medical treatment for Hep C focuses on treatment rather than the disease as a consequence of the injury and its treatment. And focusing on temporary disability describes a potential benefit outcome rather than the nature of the liability for the condition itself.