Legal Question in Workers Comp in California

aggravation pre exisiting vs new injury

Sprained left ankle at home , x-rays negative for break , cleared by employee health go back to work. Ankle felt better pain went away. O2 tank tipping over tried to up right tank, lt ankle got hurt (RICE) didnt get better. reported it after a month . Work MD stated aggravation of old injury. 14 months later I went and had a MRI done show torn ligaments and fracture. Had a QME done and it states it was all pre exisiting. It fails to address that I had no fracture from my original injury and it was a grade 1-2 ankle sprain. It states the finding on the MRI but doesn't say how those injuries got there. Also,when I went to the QME he had one paper/dr note. He made copies of all of mine.I called work comp insurance agent up and asked about the paperwork, Stated didn't care about sending any to QME since I was lying. What should I do?


Asked on 12/12/08, 3:20 pm

2 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: aggravation pre exisiting vs new injury

If you are located in Orange, San Diego or Imperial counties,you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 12/24/08, 1:43 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: aggravation pre exisiting vs new injury

You need to depose the QME doctor and ask him to do a supplemental report or file a motion to strike trhe report. You need to hire a attorney to do that .

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Answered on 12/15/08, 3:22 pm


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