Legal Question in Workers Comp in California

I have life time medical for my back,arms, shoulders, and hand. I been have alot of pain in these areas. The doctor found these problems are coming for my neck C5 compressed with is not covered under my agreement. I have no neck problems but again it is effecting the parts that are covered. Workmens comp. is refusing to pay for neck surgery so I would have no more in the parts that are covered. So is there any case law or stautes that cover this? or help in this are.


Asked on 11/16/11, 12:54 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

YOU must PROVE a new body part is injured within 5 years from the date of injury. if this doctor you see claims you injured the neck in the original work injury, that's a form of proof, you can AMEND YOUR APPLICATION to include the neck,. then youll need evidence to prove the neck was injured or aggravated in the initial injury. If the insurance company denies it, you'll have to prove at trial that the neck injury occured in the orginal incident or was aggravated by the work iinjuries to the accepted body parts.

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Answered on 11/16/11, 10:25 pm


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