Legal Question in Workers Comp in Arizona
Is this really a workman's comp claim?
I injured my back (torn muscle and ligaments) while at work. ecause I have an existing neuro-muscular chronic condition, the workman's comp doctor my office sent me to, said I would not be approved for workman's comp. Currently I am on Paid Leave Time, and trying to apply for short term disability. However, my employer is giving me the run-around about giving me the forms to apply for STD through the program that I purchased through paycheck deductions.
Since the injury occured at work, does the pre-existing condition cause the injury to not be covered?
1 Answer from Attorneys
Re: Is this really a workman's comp claim?
There is no easy answer to your question. Pre-existing conditions do not automatically disqualify you from a valid comp claim, but the trick is proving that your industrial injury caused something more. Very often, when someone has a pre-existing condition, and the industrial injury only causes an increase of subjective symptoms, it becomes difficult to prove the claim.
Mostly it will depend on two factors, of equal weight. First, your medical records will have to be reviewed. Every single page, as far back as possible. Then, you would need a doctor who, after reviewing those records, is willing to state that it is probable that the industrial injury caused or contributed to your current condition (and be able to explain the reason(s) for that opinion.)
Such cases require the help of a lawyer to have much of a chance to succeed, but many lawyers won't take the case because it's too difficult. The only way to find out is to start gathering all your medical records now, and then scheduling a meeting with one or more specialists in workers' compensation. Like most specialists, I do not charge for the initial consultation. You can start the process by calling my office at 602-253-1789 or 800-863-4449.