Employees who are injured on the job are rarely in perfect health before the work-related injury occurs. The issues of whether an injury is a result of a preexisting condition and whether the injury is work-related are subjects of much litigation in Georgia workers’ compensation claims.
A recent case considered whether a claimant was entitled to benefits for a back injury despite a preexisting back injury. The claimant injured his lower back while he was working underground at a mine site. He claimed that he hit a large hole while he was driving a shuttle car underground, causing an injury to his lower back.
Afterwards, he told his foreman he had been injured and needed to go home. He saw a doctor the following day, who determined that he had a lumbar disc protrusion with nerve root compression. An MRI showed that he had a right lateral disc herniation and disc bulge at L4-5. His supervisors later stated that the claimant did not tell them his back injury occurred as a result of the alleged injury in the shuttle car, but he was not sure when it occurred.