Legal Question in Workers Comp in California
Disclosing Past Medical History
I have an open worker�s comp claim through my past employer and am offered voc rehab for that injury � carpal tunnel - which I have accepted.
Now, I am claiming a work injury with my new employer for chronic low back problem because it was under control and now has gotten worse so it may be a partial injury. I�ve had this problem for the past 5 years and I�ve been with this employer for past 9 months. I have not disclosed to this insurance co. that this has been a chronic condition by not returning the medical record release form. I�m not trying to claim this injury fraudulently, this problem has worsen since I have been working here. Originally, this injury was not caused by an accident, work, or any specific event.
This new injury was reported to my new insu. Co. on 2/28/02 and a month later, after leaving several messages, I still have not been offered info. on med. Facility I can go to although I do have a claim #.
Should I disclose, to this insu. Co., that I have an open claim with another insu. co. for carpal tunnel and that they have offered me voc. Rehab? Also, If I tell them about my chronic low back history, does that automatically deny my claim?
1 Answer from Attorneys
Re: Disclosing Past Medical History
You are not a doctor and really do not have the medical knowledge of how the injury came about. It might be that the job you had caused the problem and, if so, a claim should be made against both employers for a continuous trauma to the back and allow a doctor to make the evaluation as to cause. You should not self-diagnose and should be open and honest, but not give an opinion as to causation.
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