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Q-What if I have an aggravation of an underlying congenital condition due to a job injury?

This event could be considered the responsibility of the workers' compensation insurance company. They must pay for your medical treatment that is needed to get you better. Your lawyer will probably have to present to an Administrative Law Judge competent and credible evidence that demonstrates this. Competent and credible means the sources of the medical evidence is reasonably based and believable. You must win based on the preponderance of the evidence. Keep in mind that if your doctor supports this theory of aggravation, the insurance company will shop around for a doctor to say it is not so. And there are a lot of insurance doctors out there eager to say no for the insurance companies so by the time your lawyer presents your case to the judge, there are at least two medical doctors equally qualified on paper who take completely opposite positions about your aggravated congenital condition.

Preponderance of the evidence is defined as “that superior weight of the evidence upon the issues involved, which, while not enough to free the mind wholly from a reasonable doubt is yet sufficient to incline a reasonable and impartial mind to one side of the issue rather than the other.” (This is a direct quote from the Official Code of Georgia Section 24-1-1.) This is what guides the Judge and why I love the law.)  

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