back surgery causation (California)

This category is meant for discussion of technical legal issues in workers' compensation. If you are an injured worker, do not ask questions here. Go to the Injured Workers' forum.

back surgery causation (California)

Postby laesquire on Tue May 05, 2009 11:23 am

SCENARIO:

1. Applicant has shoulder surgery accepted work injury.

2. About five years later, Applicant has a NON industrial fall at a store causing lower back injury.

3. Applicant is out of shape due to the shoulder injury case. Lack of activity. Gains 50 pounds.

4. Seven years after the personal injury slip and fall Applicant now needs lower back surgery. Says the personal injury fall caused the back injury. However now because of weight gain of about 50 pounds his lower back is worse and needs back surgery. Applicant alleges the carrier has to pay for the back surgery. Medical treatment is not apportionable theory.


QUESTION:
Is the carrier responsible for the lower back surgery?

Defenses.
laesquire
 
Posts: 58
Joined: Mon Mar 02, 2009 10:13 am

Return to Legal

Who is online

Users browsing this forum: No registered users and 2 guests

cron