Guide

Preexisting Condition And Workers Comp

This guide focuses on aggravation, medical records, causation, and denial arguments.

Key takeaways

A preexisting condition dispute should distinguish the prior baseline from any work-related new injury or aggravation.

Records to put together

  • Prior relevant medical records
  • New incident/exposure record
  • Current diagnostic findings
  • Treating-provider causation discussion

Questions to verify

  • What symptoms existed before the work event?
  • What objectively changed afterward?
  • Does state law recognize aggravation?
  • What did the denial actually say?

Important caution

Do not hide prior conditions; accurate chronology is usually more useful than pretending no history exists.

When a lawyer consultation may help

  • A deadline, hearing, denial, or benefit change is close or disputed.
  • The medical evidence and the insurer/employer position conflict.
  • Permanent restrictions, settlement, third-party liability, employment status, or retaliation may affect the file.