Can I Get Utah Workers’ Comp for a Temporary Aggravation of a Preexisting Injury?
Some folks who are injured at work suffer from a preexisting injury (hurt back in a car wreck 20 years ago etc.). Utah DOES allow for compensation for permanent injuries at work based on preexisting injuries (see our article here on how) , but only under certain circumstances.
So can a person with a preexisting injury get Utah Workers’ Compensation Benefits when they are injured at work, but the injury is only a temporary aggravation of that preexisting injury?
The Utah Court of Appeals considered this in Valdez v. Labor Commission, 2017 Utah App. 64. That opinion is available here. The Valdez case explains that temporary aggravations of preexisting conditions may be covered under utah workers’ comp IF: (1) The injury was caused by a risk at work that was greater than every day non-employment life, (2) Benefits will only be paid temporarily until the aggravation goes away.
Example: person with a history of degenerative disk disease develops temporary pain in their back while picking up a paperclip. (probably no benefits will be paid)
Example: person with history of knee arthritis develops temporary knee pain because they get out of a delivery truck by stepping down 2-3 feet dozens of times a day (probably temporary benefits will be paid until the pain goes away)
If you have been denied benefits based on an temporary aggravation of a preexisting condition, give our office a call today to discuss whether we can help you get your missing benefits. 801-798-9000
