Legal Question in Workers Comp in California

Re: re-injuried / new injury

You are in a very complex situation. Your new employer is seeking to blame your new injury on your old injury in order to reduce or eliminate its liability.

Pursuant to Labor Code, Section 4663, your new employer is entitled to explore your past injury(ies) for apportionment purposes. In order for you to get an admissible medical report, your new doctor has to review all the records in order to make a proper determination. This includes records from your prior doctor(s).

You are probably seeing a doctor within your new employer�s Medical Provider Network (MPN). You might be eligible to find a physician outside of the MPN. However, without reviewing all the facts of your case, it will be impossible to advise on this issue.

With regards to whether or not you should sign a release, I would like to have the opportunity to advise you in person. In fact, I would be glad to review all your options. Feel free to contact my office at 818.385.0520 and I will give you a free consultation.

Re: re-injuried / new injury

I advise you immediately to get a new attorney. The defense will access your medical records whether you like it or not. I also suggest that you be upfront and truthful about your old injuries in the depositions and with QME/AME doctors. The doctor will use your information to apportion the extent of the new injuries.I settled a big worker's compensation case in which the injured worker had 3 prior cases and the last settlement even after apportionment was the largest of all three prior cases. Feel free to call us at 213.388.7070.