Legal Question in Workers Comp in California
I injured my lower back on the job 2x in 2001 (as a firefighter/paramedic in california). After about 2 years of physical therapy, chiro, med's, etc. my back was deemed 33% disabled with no further improvement expected and my case closed as "permanent & stationary" and i was paid a financial settlement. Over the years, my back has gotten progressively worse and recently, my regular MD has referred me to a spinal institute. I have had a couple minor back injuries this past year at work but nothing requiring time off. My question is this: am i covered by workers comp if the MRI by the spine institute finds severe degeneration of my back in the same area as the original injury from 2001?
I should note that in March 2012 I reported another lower back injury but I self-treated and did not seek further medical attention right away. I do believe this injury further exacerbated my original injury but i did not report seeing my personal physician.
2 Answers from Attorneys
You have a cumulative trauma type of injury that keeps getting worse due to repetitive motion and over a long period of time. You are still covered under worker's compensation. Have you settled your case? Feel free to call us at 213.388.7070 for a free consultation.
YOU GET ZERO for asserting the old 2001 injury has worsened, SO STOP SAYING THAT.
The answer is YOU MIGHT get NEW comp benefits for the new injuries DEPENDING ON WHAT THE PHYSICIAN REPORT STATES.
"regular MD" sounds very, very dangerous...someone who has no clue they might be wiping out your new comp claim... 'regular MD' sounds inadmissible, only Medical Provider Network doctor reports -- and Panel QME reports -- are admissible.
YOU NEED AN EXPERT to pick the right guy from the insurer's Medical Provider Network immediately, before some well-meaning schmuck doc writes that everything that is wrong with you is just that old 2001 injury getting worse.
YOUR RIGHTS TO ASK FOR MORE DISABILITY FROM THE 2001 INJURY EXPIRED IN 2006. you cannot re-open the 2001 claim for new & further disability. you cannot afford the chance that a doc will write that all your complaints are just the 2001 injury naturally worsening.
YOU NEED A CERTIFIED SPECIALIST ATTORNEY up here who knows the local doctors, knows what they tend to find before you choose them, knows that they understand they can help you only if they find a new specific injury in March 2012 PLUS a new Continuous Trauma injury from 2012-2013.
If you call the TV lawyers where real lawyers never touch the case, they'll send you to their friend who won't write this... RESEARCH YOUR LAWYER LIKE YOU WOULD RESEARCH A SURGEON. very, very carefully, and insist on meeting the attorney face-to-face and see if they will work the case or if a paralegal does it all (which you need to avoid).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
