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

Colorado Springs, CO |

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


  1. 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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. 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 licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  3. 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.


  4. 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. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  5. 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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