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✦ Board-Certified Specialist in Workers’ Compensation Law — State Bar of California ✦
Back injuries are the #1 workers’ comp claim in California — and among the most undervalued.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law
Back injuries account for more workers' compensation claims in California than any other type of injury, and Bakersfield's workforce is particularly vulnerable. Oil field roustabouts lifting heavy equipment, farmworkers stooping over crops for hours, warehouse workers loading trucks at distribution centers along Highway 99, and construction laborers carrying materials on job sites across Kern County — all of them put extraordinary strain on their spines every single shift.
When a back injury takes you off the job, insurance companies fight aggressively to minimize your claim. They argue pre-existing degeneration, question the severity of your symptoms, and deny the surgical treatments your doctor recommends. You need a lawyer who understands spine injury claims inside and out.
Attorney Eman Yazdchi of Yazdchi Law P.C. is a Board-Certified Specialist in Workers' Compensation Law with extensive experience handling back injury cases at the Bakersfield WCAB district office.
The intervertebral discs in your spine can rupture or bulge due to a single traumatic incident — such as lifting a heavy object — or through cumulative wear over months and years of physical labor. Herniated discs often compress nerve roots, causing radiating pain, numbness, and weakness in the legs (lumbar) or arms (cervical). MRI imaging typically confirms the diagnosis, but insurers routinely argue that disc herniations shown on imaging are "age-related" rather than caused by work.
Muscle and ligament injuries in the lower back are extremely common among Bakersfield's physical laborers. While often dismissed as "minor" by insurance adjusters, severe lumbar strains can be debilitating and slow to heal, particularly when the worker must return to heavy physical demands.
Compression fractures and burst fractures occur in falls from height, vehicle accidents, and crush incidents. These injuries are common in Bakersfield construction and oil field work and can result in permanent disability, especially when they involve the thoracolumbar junction.
Years of heavy labor accelerate spinal degeneration. A Bakersfield oil field worker who has spent 15 years doing physically demanding work may develop spinal stenosis that would not have occurred — or would not have occurred as severely — without the industrial exposure. Under California's apportionment rules (LC §4663), the insurer may only be responsible for the portion of disability caused by the industrial injury, but determining that percentage is a highly contested issue.
Apportionment is the legal term for dividing your permanent disability between work-related and non-work-related causes. It is the single most contentious issue in Bakersfield back injury claims. Virtually every spine has some degree of age-related degeneration on imaging, and insurers use this to reduce their financial exposure.
The key legal principle: under Escobedo v. Marshalls (2005), apportionment must be based on medical evidence that identifies the actual cause of the permanent disability, not just the cause of the underlying condition. An evaluating physician cannot simply point to a pre-existing disc bulge and assign 50% non-industrial apportionment — they must explain how that pre-existing condition actually contributed to the permanent disability you are experiencing now.
Challenging unfavorable apportionment opinions requires detailed medical-legal knowledge. This is where board-certified specialization makes a measurable difference.
Back injury treatment in workers' comp is governed by the Medical Treatment Utilization Schedule (MTUS), which sets evidence-based guidelines for what treatment is authorized. Common disputes include:
Back injury claims require an attorney who understands spinal anatomy, MRI interpretation, apportionment law, and the Utilization Review process. Eman Yazdchi brings all of this to every case. Our board certification is your assurance that we have the depth of knowledge to fight effectively for the treatment and benefits you need.
Injured at work in Bakersfield? Call (661) 273-1780
Tap to call →Do not let the insurance company minimize your back injury. Contact Yazdchi Law P.C. today for a free consultation. We will review your medical records, assess the strength of your claim, and explain your options. Call now — your spine cannot wait.
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