It is reported that Marcus Davenport of the NFL Saints recently had part of his pinky amputated. It is reported that the injury was from his college career. Over the years, however, he has had several surgeries to his his pinky. During his professional career, in 2021, he had a surgery on the finger. cbssports.com
This article will discuss whether a pre-existing injury can become a workers’ compensation injury.
Can A Pre-Existing Injury Become Work-Related?
Yes. California Workers’ Compensation Law provides that “industrial causation is established if the preponderance of evidence presented [show that employment proximately caused his/her medical condition] to “light up,” accelerate or aggravate. (§ 3600, subd. (a)(3); Pullman Kellogg, supra, at page 454; Tanenbaum, supra, at pp. 617–618; Franklin, supra, at pp. 244–245.) Proximate cause is shown if employment is a contributing cause. (McAllister at p. 418; Nash at p. 1809.) Employment as a contributing cause need not be a scientific certainty, a reasonable probability is sufficient. (McAllister, supra at p. 417; Rosas, supra, at pp. 1700–1701.)
In this circumstance, if Mr. Davenport’s NFL job duties worsened his pinky condition it is possible that he could file a work injury claim against his NFL team. He would have to prove that his employment contributed to the worsening of the condition. Typically, this would be proven by a treating doctor or qualified medical evaluator examining the current state of the injury, reviewing the records of his past medical treatment, and taking a history from the worker as to what happened at work that aggravated the condition.
What If I Need Advice?
If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.