Legal Question in Workers Comp in California

My girlfriend injured her back (diagnosed as a back spasm) during the course of her work in child care when she knelt down to talk to a 2 year old child. She couldn't stand back up. Her work comp claim has been denied for "mechanics of injury" and a paperwork issue that has hopefully been resolved now. She asked for details on what "mechanics of injury" meant but they have thus far refused to elaborate on what that really means. Can they really hold that information back? If they won't tell her details on what "mechanics of injury" means what can we do since that will be the only remaining reason given for denial?


Asked on 4/14/10, 11:31 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

What they mean is that the physical movement involved in kneeling down anatomaticallly could not result in the type of injury suffered. They do not think she could injury her back that way.

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Answered on 4/20/10, 12:39 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

That is a medical opinion and claim adjuster are trained to make such arguments to deny benefits. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 4/20/10, 3:27 pm


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