OSHA 390 PSU Neutral Risks Workplace Accident with No Traceable Cause Response


2 separate post post due in 12 hours from now 4 peers response not due until Saturday – pleas include citation in the initial post -initial post 200 words I have attached and example

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First post:
If you had an employee fall down at work, and you then asked them what happened and they
cannot explain why they fell (no slippery floors, no loose rugs, no high heels, etc…), what type
of case might this be if the employee is injured?
Second post:
If this same employee then went to the ER and was found to have elevated blood pressure that
could have caused the fall, what type of case might this be? Would either case be compensable in
your jurisdiction?
In your own words explain the terms “Mixed Risk” and “Neutral Risks”, I would like you to go
into what they are, because I want to make sure you are correctly using these terms.
DB initial post Example
This would have been a Neutral Risks Case and the case would most likely would have
compensated the employee if he/she was injured. Neutral Risks according to (Larson,
2018), is a case in which the cause itself, or the character of the cause, is simply
unknown. Furthermore, an employee could slip or fall for no reason that anyone,
including himself, can explain. To further support this claim and neither the employee or
employer bear the loss, a connection is made although vague that the injury did
however occur while at work.
As I referred back to the five lines of interpretation of “Arising”, where according to
(Larson, 2018), a substantial number have modified this to accept the risk regardless
even if common for the public was also a risk of employment. Additionally, many
jurisdictions have adopted the positional-risk test and that the conditions or obligations
of employment had placed the employee in the position in which they were injured.
What appears on the surface to me as cut and dry cases based on my previous
understanding of workers compensation is now ever changing and I am beginning to
understand that each case has many layers that may need to be peeled off when
determination if/when compensation is awarded.
Larson, L. K., Larson, A., & Robinson, T. A. (2018) Workers compensation law. Durham, NC: Carolina
Academic Press,LLC

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Workplace Accident

medical expenses

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Neutral Risks

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