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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16271
Experience:  Experienced Licensed Attorney
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How far back can workman compensation in the State of

Customer Question

How far back can workman compensation in the State of California go with medical records. I was injured on the job at the state printing plant lifting a 600lbs barrel of glue, and now I have been off for a back low
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: The workman comp paperwork went in, but now they are asking 10 years werth
JA: Anything else you want the lawyer to know before I connect you?
Customer: I meant worth of med record release and I was injured in a reared accident 5.5 years earlier with a low back injury can they legally go back that far?
Submitted: 19 days ago.
Category: Legal
Expert:  Alex J. Esq. replied 19 days ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

There is no time limit when it comes as to how back the Workers Compensation Agency can go back when requesting medical records and as long as, the request for the medical records is relevant to the current worker's compensation claim, they can request medical records going back to the person's birth.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 19 days ago.
Then can they deny basic treatment and lost wages if that low back was previously injured in the year 2011 and completely healed with no work restrictions and no issues in 5+years. And is re injured or is that considered separate?
Expert:  Alex J. Esq. replied 19 days ago.

Thank you for your follow up.

Generally, the Workers Compensation can review medical records and if the Worker's Compensation determines that the currently claimed injury occurred in 2011 then the claim can be denied.

If they determine that the prior injury had healed and the current claim shows new injury or the current injury seriously aggravated prior injury, then the claim should not be denied, but can be reduced, based on the extent of the prior injury that still existed at the time new injury took place.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 19 days ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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