Legal Question in Workers Comp in California

back injury

I injured my back with one employer and was off work for 1 week and felt great for 3 years. Then at a new employer I injured my back again, is this the new employers responsibilty?


Asked on 2/13/07, 1:06 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: back injury

You may get deposed by your employer's insurance company.You need to be truthful and tell them about your prior injury. The question of apportionment is a medical question and needs a report by a medical evaluators such as AME or QME to be determined. Feel free to contact us at 213.388.7070 for a free consultation.

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Answered on 2/18/07, 4:02 pm
David Lupoff Law Offices of David B. Lupoff

Re: back injury

You did not supply enough facts to give a complete answer to your question.

However, I'll take a blank stab at an answer. Yes, your current employer will be liable. However, your current employer's insurance company will try to blame the last employer in order to try to reduce their liability. This legal theory is called, "apportionment." It is difficult to play the games of your employer's insurance company without legal counsel.

If you have any further questions, please feel free to contact my office at 818.385.0520.

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Answered on 2/17/07, 1:18 am


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