Not surprisingly, preexisting conditions present issues that frequently complicate workers’ compensation claims.  Most employees have preexisting conditions, whether it is a 60 year-old with degenerative arthritis in a shoulder joint or a 25 year-old with previous spine injuries resulting from a motor vehicle accident.  These preexisting conditions present insurance companies with opportunities to deny benefits when the affected body part is subsequently injured in a work-related accident.  The presence of a preexisting condition does not in and of itself mean that the employee is not entitled to benefits.  If work related activity aggravates or accelerates the preexisting condition and results in the need for treatment, benefits must be provided to treat the aggravation or acceleration of the condition.  Conversely, if an employee simply experiences pain while performing job duties, it will be argued that the pain in merely a natural progression of the preexisting condition.  The distinction here can be difficult in the abstract.  In my experience, the key is to look for an event, or mechanism, during which the symptoms of the preexisting condition became worse.  The injured worker’s description of the symptoms prior to the injury, of the injury itself, and of the progression of symptoms afterwards are crucial in evaluating whether the work-related injury aggravated or accelerated the preexisting condition.  Objective medical evidence, if available, can further distinguish the pre and post injury condition.  These cases can be complex and often require the assistance of an experienced workers compensation attorney. 

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Preexisting conditions can complicate workers’ compensation claims, but they shouldn’t prevent you from receiving the benefits you deserve. If you’re facing challenges with your claim, our experienced team can help you navigate the process and fight for your rights.

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