Legal Question in Workers Comp in California
Over the last 8 years I have had achy back, soreness in primarily one particular area to my back. These symptoms were never officially related to a work accident or injury. I would attribute it to 12 years of work in the health profession which as we all know can be long hours of standing and a lot of bending. I once received physical therapy for a couple of months 8 years ago which was ordered through my primary care physician. Additionally, for about 2 years have been prescribed a pain med and muscle relaxant to take as needed for spasms and or flare up. I have not taken any meds for 4 months as I was trying to conceive.
Well, last week, I experienced pain to this area after providing care to a patient and have been put on modified office work which I am performing with no complications. Thus, there is an active workers comp case open. I anticipate going back to regular patient care next week when I revisit the workers comp doctor as I do feel better.
My question is this, I have been asked by the workers comp people and doctors if I have had a prior injury to my back. I have answered that though I've had aches and such, that my symptoms were never related to any prior official work injury. On paperwork I completed, a question asked if I had ever received physical therapy for my back and I answered yes that I had; about 8 years ago. Will my employers insurance carrier, or whomever handles workers comp view my history as an prior injury? Will this hurt my one and only present claim of my present injury? I did not inform anyone that I was prescribed meds for when needed. I have received paperwork asking me to disclose my doctors for the last 10 years. Will this be viewed as fraud if discover these meds?
thank you .
1 Answer from Attorneys
All your prior injuries whether work-related or not may have some affect on your latest injury. Most worker's compensation cases will be resolved by an independent examiner such as QME (Qualified Medical Examiner)or AME(Agreed Medical Examiner) and one of their mandatory discussions should be on the question of apportionment due to prior injuries. Feel free to call us at 213.388.7070 for a free consultation.