My back was bothering me before my work accident, but now it's really hurting. Can the employer deny benefits because of the pre-existing condition?

The aggravation of a pre-existing injury IS compensable under Georgia workers' compensation laws. As stated by the Georgia Supreme Court way back in 1940, "Fortunately for the employee, perfect health is not a prerequisite to the enjoyment of the benefits of this statute. There is no standard of health set up or provided in this statute." This rule has since been officially codified in Georgia law under O.C.G.A. ' 34-9-1(4).

Basically, every employer has to "take the employee as it finds him (or her)" and accept the fact that there may be a hidden or pre-existing health condition that could be aggravated by a work accident. Even if a "normal" person wouldn't have been injured by a certain accident, the employer is still responsible for paying medical and indemnity benefits for the injuries arising from the accident.

However, it is important to note that employers will often try to obtain an opinion from the ATP that the employee has "returned to pre-injury status" and that the "aggravation period" of the underlying injury has ended, which would then allow the employer to terminate benefits. In such a case, it is highly advised that the employee should consult with an attorney to defend against an untimely or unjust termination of benefits.