Q: Good morning, can a WC investigator ask if you have had a unrelated DUI if you suffered a shoulder injury at work?

A: In the context of a Workers' Compensation (WC) case in California, investigators are tasked with gathering relevant information to assess the validity and extent of a claim. This can involve a wide range of questions about your medical history, work history, and potentially even your criminal record if it could have a bearing on the case. However, questions about unrelated incidents, such as a DUI that occurred over 15 years ago, typically should not have any direct relevance to a claim regarding a shoulder injury sustained at work.

The primary focus of a WC investigation is to determine the circumstances surrounding the work-related injury, the nature and extent of the injury itself, and any factors that might affect the claimant's compensation or ability to work. An unrelated DUI, especially one that happened many years prior to the injury, usually does not have a bearing on these aspects. The relevance of such questions may be questioned unless there's a specific rationale connecting past DUI incidents to the current WC claim, which seems unlikely in the case of a shoulder injury.

If you feel that questions asked by a WC investigator are intrusive, irrelevant, or inappropriate, you have the right to question their relevance to your case. It might also be beneficial to consult with an attorney who is familiar with WC claims to ensure that your rights are protected and that the investigation is conducted fairly. An attorney can provide guidance on how to respond to such inquiries and help ensure that your claim is assessed based on relevant and pertinent information.