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How can I win an elevator workers compensation case after a minor car accident that happened 5 months later?

Asked in Colorado Springs, CO - 9 months

On 6/29/11, an elevator door at work closed on my back. After several months of complaining of moderate to severe pain the workers comp doctor sent for Thoracic and Lumbar MRIs. They excluded the Cervical MRI, for some unknown reason. The MRIs completed before the car accident revealed bulging neck discs, and Syringomyelia. On 11/29/11, I was involved in a minor car accident and released from the hospital with minor pain. The car accident was not my fault. On 4/12/12, when I requested my medical records for 11/29/11 accident, I found out I had retrolisthesis on L1 on S5. The ER did not inform me of retrolisthesis. What can I do to win my workers comp case, since my attorney says I need a workers comp doctor level 2 to state that my injuries were caused by the elevator? Hearing on Sept 11.

Attorney Answers (5)

Daniel Nelson Deasy

Daniel Nelson Deasy

Greenwood Village General Practice Lawyer

Licensed in CO

Answered 9 months ago. You already have an attorney. No one on this board is going to second guess the advice that person is giving you -- as they have more information than everyone out here combined!

Talk to your attorney and ask that very same questions!

All the best . . .
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
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Britton Jess Morrell

Britton Jess Morrell

Greeley Workers' Compensation Lawyer

Licensed in CO

Answered 9 months ago. As with the other counsel, I am not going to second guess your attorney, but I do want you to know what questions to ask. The situation depends on whether your case is admitted or not. If you are trying to prove that your CURRENT condition is due to the 6/29/11 incident and not the motor vehicle accident (MVA) - you will need to present three types of evidence: (1) Your testimony that the MVA did not make the condition permanently worse; (2) The medical records at the time; (3) Testimony of a Doctor (Perhaps Level II depending upon what issue is set for hearing) explaining why the MVA did not contribute to your current condition.

Discuss with your lawyer what evidence he or she will marshal to hearing. The Judge will either agree or disagree with the evidence presented. Ask your lawyer if there is any other evidence or expert testimony you can help bring to the table.
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Stephen Clark Harkess

Stephen Clark Harkess

Lakewood Bankruptcy Attorney

Licensed in CO

Answered 9 months ago. Talk to your attorney and your doctor.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
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George Ellis Corson IV

George Ellis Corson IV

Orange Workers' Compensation Lawyer

Answered 9 months ago. Friend, YOUR attorney is in the best position to guide you on YOUR facts.
Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.
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Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Chicago Workers' Compensation Lawyer

Answered 9 months ago. So why aren't you following your attorney's instructions?
If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
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