Legal Question in Workers Comp in California

Yes. Normally diagnostic testing such as MRI or expert opinion can show the aggravation of an old injury. So you have a valid claim for a new injury if can be supported by evidence. Feel free to call us at 213.388.7070 for a free consultation.

Yes. However, the court will have to review the merits of the filing, as it appears to be a post termination claim. Defendants may claim the filing was made in retribution for the termination or for secondary gain as no unemployment is available for an employee who was fired for cause. Defendant's claim is bolstered if there is no medical evidence to support an aggravation prior to the termination. In other words, if the employee did not provided notice of the injury or never sought treatment for a documented aggravation prior to termination, the defendants have a fairly good argument. In fact, they may consider sanctions and a possible fraud claim. Therefore it is important to have a complete medical file.