After a back injury(lumbar) in 2007 I had an IME that resulted in MMI, PPD , and permanent restrictions. I was not aware of my permanent restrictions until I had another injury at work that now has resulted in duel level fusion of my lumbar spine. My job requires 100% physical capabilities to perform and work description requires that I must have no permanent medical condition/restriction to perform my duties.
Well, HR and L&I allowed me to return to work with no accommodation and no restrictions and this led to my current injury and surgery.
Can I take action against L&I and my employer for negligence in contributing to my new condition??