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Denied, pre-existing, next step Dr. appt.

  • Thread starter Thread starter SHEVOODOO
  • Start date Start date

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SHEVOODOO

Guest
What is the name of your state? Florida. I was denied W.C. stating pre-exisiting R.A. in neck. I ruptured a disc at work lifting.Yes, I do have R.A. and I have had it for 18 years. But I have never had a ruptured disc. If my Dr. confirms that my disc was ruptured from lifting at work...Will my case go to a W.C. court of appeals still or will the insurance company take the word of my Dr. and change their mind about denying my claim?( R.A. stands for Rheumatoid Arthritis) Thanks
 


Beth3

Senior Member
Nobody here can possibly predict what your employer's worker's comp carrier will decide. If they deny the claim, you have the right to appeal the decision and file for a hearing with your State's Worker's Compensation Divison.
 
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faigele

Guest
pre-existing condition

you would do well to seek representation. if an injury at work "lights up" or excacerbates a pre-existing condition, the injury is still compensable. the carrier will take the cheaper way out and you do need someone advocating on your behalf.
 
S

SHEVOODOO

Guest
Attention:Faigele

Florida, Dear Faigele, Thank-you so much for responding. I do not know what you mean by they will take the "easy-way" out. Could you explain please. Also, just out of curiosity, does the W.C. carrier most often deny the claims in most cases? I just do not understand. Thanking you in advance for your help and opinion. Pam
 

Beth3

Senior Member
faigele said the "cheaper way out," not easier. S/he means denying the claim.

If an individual has a pre-existing condition and work exascerabates it, whether it's covered under worker's comp is a matter of State WC laws. I expect most States dictate that the employer is liable but I don't know that we can say that all States do. Each State has it's own individual worker's compensation regulations.

As far as whether the WC carrier denies the claim in most cases, that's really not relevant. A WC carrier, who is the agent for the employer, is liable for the injury or illness if it can be demonstrated that work caused the ailment. If you're standing in an aisle at work and a forklift hits you, causation is obvious. If you claim that your sore back is due to work, you have a history of pre-existing back problems, and the type of work you do does not necessarily lend itself to obvious exposure (i.e. you're not lifting 100 lb. sacks all ay long), that's a lot more difficult to determine. Establishing causation would depend largely on the person's medical history, the type of work, the specifics of the current injury and so forth. The carrier investigates, obtains all the relevant medical reports and history and makes a ruling. If the individual disagrees, they may file for hearing with the State's Worker's Compensation Division.
 

dancinlady55

Junior Member
Pre-existing Condition

Hi,
I am from Louisiana and presently under a w/c claim for injury at work. I was injured from a fall back in 1991 and had lower back surgery to correct a herniated disc at L5-S1. My recovery was remarkable! I returned to work full force after 4 months recovery time. There was nothing I could not do. My job involved lifting of patients and heavy jugs of fluid to operate our machines. In June 1999 I sustained a fall at work. It was not ruled pre-existing in my case although I did previous have a back problem. I was able to perform my job without problems for over 7 years after my first surgery until I fell and re-injured my back and neck. Since January 2000, I have had lower back surgery again, 3 cervical surgeries involving 2 anterior cervical fusions from this fall. I would strongly reccommend that you seek legal representation at once. Pre-existing conditions are not always the cause of what is happening with your physical condition. Good Luck!
dancinlady55
 

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