Start with the issue actually in dispute
Preexisting condition used to deny claim is mainly a problem of baseline history versus work-related change. Build the file around the written notice, dated record, or event that created the problem.
Documents to gather
Prior medical records, new incident/exposure record, current diagnosis, treating opinion, and denial notice.
Questions to answer before acting
- What changed, on what date, and who made the decision?
- Is there a written notice or only a phone conversation?
- Which medical, wage, employment, or incident record directly addresses the dispute?
- What state or federal agency procedure controls the next step?
- Is there a separate employment, third-party, leave, or discrimination issue that should not be mixed into the workers’ compensation question?
Important caution
Separate prior symptoms from any work-related aggravation or new condition recognized by state law.