Legal Question in Workers Comp in California

Workmans comp claim

I have worked in farming for over 11 years and over the last few years I have developed moderate to severe pain in both shoulders. I have continued to work full time driving tractors untill about a week and a half ago when I injured my right shoulder at work loading concrete chunks into the tractor bucket. Am I allowed to file a claim for my injury since I already had some shoulder problems?


Asked on 3/26/09, 11:10 am

4 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: Workmans comp claim

This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 4/14/09, 3:52 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Workmans comp claim

yes, but when the case get to the point of settlement the carrier will seek to apportion part of your disability to a pre-existing condition.

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Answered on 4/14/09, 4:55 pm
David Lupoff Law Offices of David B. Lupoff

Re: Workmans comp claim

Based upon the facts that you provided in your question, it appears that you may have suffered both a cumulative trauma injury and a specific injury to your bilateral shoulders. It also appears that you have a very complicated fact pattern and it may involve several workers' compensation insurance carriers since your shoulders may have been injured over time.

Please contact my office at 1.877.505.INJURY if you would like a free consultation.

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Answered on 4/14/09, 5:55 pm
David Lupoff Law Offices of David B. Lupoff

Re: Workmans comp claim

Based upon the facts that you provided in your question, it appears that you may have suffered both a cumulative trauma injury and a specific injury to your bilateral shoulders. It also appears that you have a very complicated fact pattern and it may involve several workers' compensation insurance carriers since your shoulders may have been injured over time.

Please contact my office at 1.877.505.INJURY if you would like a free consultation.

Read more
Answered on 4/14/09, 5:55 pm


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