Pre-Existing Conditions
If you have had pre-existing conditions aggravated due to your job, you may be eligible for workers’ compensation benefits. Call Myers Law Group today.
Question:
What should I do if a pre-existing condition was aggravated at work?
Answer:
Last week, I was asked by a
client as to whether or not his injury at his current employer would be covered under California law because the injury was aggravating a condition that he had prior to working for his current employer. I told him that, in fact, under California law, any injury that is made worse by your current employer is going to be covered. If you have a pre-existing condition because of a previous work injury or if you have a pre-existing condition unrelated to work that is being aggravated or made worse by your current position, under California law, your claim is most likely covered.
If you have a question about a current injury that is being aggravated by a previous condition, it’s important that you talk to an attorney. If I can assist you with that process, feel free to give me a call. I’m happy to help.
A prior diagnosis or injury does not automatically prevent workers’ compensation coverage. California workers comp attorneys can evaluate whether current work caused a new injury, aggravated an earlier condition, or contributed to lasting disability.
Aggravation Is Different From Mere Recurrence
Work may light up, accelerate, or worsen a condition that existed before the current job. A new lifting event may worsen an old back injury, repeated keyboard work may aggravate prior wrist symptoms, or workplace exposure may accelerate an underlying illness. The worker does not have to prove perfect health before the industrial event. Medical evidence must explain what changed and how employment contributed.
An insurer may characterize symptoms as the natural progression of a prior condition or a temporary flare that caused no new injury. The treating and evaluating physicians should receive both the earlier records and an accurate description of current duties or events. Hiding a prior condition can damage credibility; disclosing it allows the doctor to distinguish the old baseline from the new impairment and need for care.
Treatment and Temporary Disability
When work caused a compensable aggravation, reasonable medical treatment may be available for the industrial condition even though some pathology predates the claim. Temporary-disability benefits can depend on whether the work injury causes wage loss while the worker cannot perform the usual job and whether modified work is available. These questions are not resolved simply by assigning a percentage of permanent disability to a prior cause.
Follow medical restrictions and obtain any modified-duty offer in writing. If the proposed tasks exceed the restrictions, identify the specific conflict and ask the doctor and employer to clarify it. A generalized refusal to return can create a benefit dispute.
Permanent Disability and Apportionment
California requires physicians to address causation of permanent disability. Part of lasting disability may be apportioned to a prior industrial injury, a nonindustrial condition, disease, or other factor when supported by substantial medical evidence. Apportionment affects the permanent-disability award; it is not the same as deciding whether the current work caused an injury or whether treatment is needed.
A medical report should explain its reasoning rather than offer an unsupported percentage. The history, imaging, earlier restrictions, prior awards, symptom-free periods, and measurable change after the current work can all matter. Review a rating or apportionment dispute promptly because objection and evaluation procedures have deadlines.
More Than One Employer or Insurer
Cumulative trauma may span employment with more than one employer or periods covered by different insurers. Responsibility can be allocated among carriers under specialized rules. The worker should provide a complete job chronology, including dates, duties, physical demands, and similar prior claims. Confusion among insurers should not become a reason to abandon treatment or miss a filing deadline.
Evidence to Gather
- Earlier medical records, imaging, restrictions, settlements, and workers’ compensation awards.
- Records showing the condition before the current event, including symptom-free or full-duty periods.
- The new incident report, DWC-1 form, job description, workload, and witness information.
- Current medical reports explaining diagnosis, causation, treatment, and work restrictions.
- Letters accepting, delaying, or denying each body part or claimed injury period.
Frequently Asked Questions
Can the employer deny a claim because I had prior surgery?
Prior surgery is relevant evidence, but it does not automatically defeat the claim. The medical question is whether current employment caused a new injury or materially worsened the condition.
Will a prior settlement eliminate new benefits?
It depends on the prior case, body parts, settlement terms, later work exposure, and medical evidence. A new injury and a petition to reopen for new and further disability are different procedures with different deadlines.
Should I tell the doctor about old symptoms?
Yes. Give a complete and accurate history and explain the before-and-after change. The official Division of Workers’ Compensation guides describe medical evaluations and benefit disputes.
Are you or a loved one in the process of filing an employment claim in California and have questions about pre-existing conditions? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
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