Legal Question in Workers Comp in California

I was injured in 2000 settled with the ins. co. Went back to work with a different co. and three years later fell and hurt my back again this time I had surgery. I was wondering if the ins. co. Can deny my claim even though they didn't within the 90 day term? They are denying a 2nd MRI due to not talking with my dr. On the phone and saying he hasn't given enough support to require one. I have been up front about the previous injury and the dr. said it wasn't related to the old one

This was my previous question yes they have paid for an MRI and a two level discectomy at different levels than the previous injury which was in 2000 after being released by the dr. I worked for myself and another employer for six years no issues no pain no dr visits for my back unroll 2011 when I fell at work and got injured


Asked on 2/07/12, 8:36 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

They could deny your claim but they would eventually lose on that issue since the need for back surgery clearly is from the recent injury. It is very doubtful they will deny the claim after having spent so much accepting it. They can still refuse to grant payments for the second MRI if the Dr. has not given reasonable support for needing it done.

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Answered on 2/07/12, 8:44 pm
David Lupoff Law Offices of David B. Lupoff

If I understand your question, the first paragraph is simply background, and the next paragraph is today's issue?

Assuming I'm correct, you did not state a question - it is more of a statement. Please feel free to contact me to discuss your potential case at 1.877.505.INJURY (4658), and/or, go to my website at www.lupofflaw.com.

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Answered on 2/08/12, 2:56 pm


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