Legal Question in Workers Comp in Florida

I settled a workers comp claim in California due to repetitive motion disorder in my right arm. It has been 4years and I have moved to Florida and returned to a job where i use data entry. I have been at the job for almost two years but now both my arms and hands and neck are in extreme pain. I have been in pain for several months but now its soo bad that I cant work anymore. I went to my Dr. and she says this isnt my current jobs fault. What can I do? Am I covered by the new job if I reinjured or by the old claim although I settled?


Asked on 9/29/09, 10:26 am

1 Answer from Attorneys
Steve Renick Bloom & Kinnear P.A.

There are many levels to this question, but generally speaking, you must prove the current job is the "major contributing cause" for the need for treatment, or the cause of the injury. This is defined that the cause of the current condition is more that 50 percent related to the current job. If you had a pre-existing condition, with the same symptoms and same diagnosis, it would be extremely difficult to show that major contributing cause was the new job. However, this may become a medical question to be determined by medical evidence. You should seek the advice from a qualified workers compensation attorney immediately.

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Answered on 9/29/09, 6:51 pm


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