Legal Question in Workers Comp in California

Industrial related re-injury

I've been seeing a workers comp doctor for my persistent lower back strain/pain. She recently injected me with cortisone in that area. A couple of days later I had a couple of drinks and ended up sleeping on the couch, waking up in pain in my lower back. The doctor said that although alcohol wasn't a direct cause of my pain, it was my fault sleeping on a couch which probably aggravated my existing injury, and thus not covered under workers comp as a re-injury. Does that sound right?


Asked on 10/22/08, 4:07 pm

2 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Industrial related re-injury

Your injury originated as a work-related injury. Any foreseeable re-injury or aggravation is still covered, because it is considered to be caused by the original injury. I think the doctor is giving you wrong legal advise. I highly recommend that you change your doctor. Call us at 213.388.7070 for a free consultation.

Read more
Answered on 10/24/08, 1:17 pm
David Lupoff Law Offices of David B. Lupoff

Re: Industrial related re-injury

This seems like very absurd conclusion! It sounds like you are seeing the employer's doctor. This is exactly why injured workers' should consult with an attorney. Many workers find out all too late that they did not recieve the full benefits that they were entitled to because they decided to handle their own workers' compensation claim.

If you would like a free consultation, please feel free to contact me at 818.385.0520.

Read more
Answered on 10/23/08, 3:38 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California