Legal Question in Workers Comp in California

This is a repeat question......

I was injured at work and was diagnosed as having a strained back and multiple back injuries on the diagnosis and was released back to work and was injured again 2 1/2 months later and was told I had a fractured rib. The fractured rib has healed, but I was told that for some reason my fractured rib is still really tender after being examined. Since then I have been diagnosed with chronic low back pain and the doctors do not know where the pain is coming from. My orthopedic surgeon mentioned to me that my rib may be rolling over the nerve that is associated with the fractured rib, which may be causing my back pain. Other than that their is no other objective evidence to support the fact that I have chronic back pain, because my LTD is was denied based off of my MRI's that were taken which were said to be normal.

My other problem is that I also have PTSD from my military service in Iraq and was told that PTSD can actually make the chronic back pain a whole lot worse. Now, I am getting confused because even though I have been diagnosed with chronic back pain and the fact that I have PTSD makes my issue a whole lot more complicated now.

The fact that my PTSD could possibly be making my chronic back pain worse does not mean that I was never hurt at work, but it is making my pain worse than someone without PTSD.

Would this still be workmans compensation issue ?

If it is not a workmans compensation issue what can I do about saving my job at this point.


Asked on 5/11/13, 8:13 am

1 Answer from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Even if you had prior injuries while serving in the military, your present injuries can be a combination of new injuries and aggravation of old injuries. Worker's compensation cases generally resolved by an independent examination by either an Agreed Medical Examiner(AME) or a Qualified Medical Examiner (QME) and the medical examiner will determine a percentage of disability due to your job and apportion (deduct) some percentage due to prior injuries. Feel free to call me at 213.388.7070 for a free consultation.

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Answered on 5/15/13, 11:37 am


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