April 23, 2010, Newsletter Issue #127: Denials of Workers' Compensation Due to Preexisting Condition

Tip of the Week

Some workers compensation claims can be denied, and one of the most common reasons for this is because of a preexisting condition. This means, for example, that if you suffered from a bad back before you were hired, you cannot claim that your job caused you to have back problems. You can, however, file a workers' compensation claim for exacerbation of your back problems. If your job causes you to suffer further damage to an existing condition, workers' comp must cover treatment for the worsening of the problem. It is a very thin line between what will be covered and what will be considered preexisting, so it is best to check with your state's workers' comp board for details.

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