Category Archives: Pre-Existing

WCAB UPHOLDS OPINION THAT LIMITED AN INJURED WORKER’S PERMANENT DISABILITY BENEFITS DUE TO PRE-EXISTING INJURY

An injured employee has the right to seek workers’ compensation benefits for a permanent disability. To obtain workers’ compensation benefits for permanent disability, a claimant must prove that he or she was hurt within the course and scope of employment. However, this is not always an “either/or” proposition. A pre-existing injury/condition could be a factor. […]

DEFENDING A WORKERS’ COMPENSATION CLAIM ON THE GROUNDS OF A PRE-EXISTING CONDITION IN CALIFORNIA

As defined by Healthcare.gov, a pre-existing condition is a health problem that a person already had before their new coverage starts. Pre-existing conditions can be matters of dispute in workers’ compensation claims. The primary issue: Who is responsible for an injury if an employee already had a medical condition before the workplace accident? In this […]