Legal Question in Workers Comp in California

Disatisfaction with workers compensation doctor's opinion

I was injured while working in October 2005, I have been seeing the workers comp doctor since then. I have a lower back injury . He had me off work for a few weeks, many sessions of physical therapy was done..Then He put me on modified duty..after an MRI was done, He stated that I had degenerative disc disease and a bulging disc in my lumbar spine. and that the injury only aggravated the condition I already had.

I am receiving no compensation, have no attorney. He is still treating me and I am scheduled to see a spine specialist this Friday. I have been unable to work because of other problems my personal doctor found (cervical spine problems and a mass on my thyroid) I am still in a lot of pain when I do much of anything.

Can they put my injury off on a degenerative disease even though my line of work may have contributed to my condition.

I have been a nursing assistant for over 20 years and have always had to lift heavy people and even have had patients grab me around the neck when making transfers...this was in past jobs I have had...The job I was injured on was a position of home caregiving and I actually hurt my back while lifting a heavy object.

I would appreciate any help in this matter and think I need an attorney.


Asked on 3/22/06, 6:10 pm

3 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Disatisfaction with workers compensation doctor's opinion

Your issue deals with question of "apportionment" in two different ways. First is apportionment of your work-related injury due to degenerative disc disease that can be reasonably argued that was aggravated by heavy liftings at work. Second is the apportionment of your injury among your present and prior employers. This issue will involve your prior employers and their insurance carriers. Please call my office at 213.388.7070 for further discussion of your situation.

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Answered on 3/29/06, 2:58 pm
David Lupoff Law Offices of David B. Lupoff

Re: Disatisfaction with workers compensation doctor's opinion

Mr. Moheban adequately answered your question already. However, should you have any further questions, please do not hesitate to contact my office at, 818.385.0520.

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Answered on 3/29/06, 3:02 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Disatisfaction with workers compensation doctor's opinion

Based upon your statements, I believe you have a valid Workers' Compensation Claim. Although you will probably not receive temporary disability because you left work due to other circumstances, you may receive a PD award and future medical care. I suggest that you contact the information & assistance office for help with filing a claim, or seek an attorney.

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Answered on 3/29/06, 3:46 pm


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