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  1. #1
    g. Guest

    Default Preexisting Spinal Stenosis

    i am having to pay for a claim against me for a on the job aggravation of a preexisting condition of spinal stensois and other serious back disease.
    the claimant was awarded a disibility and payment of her preexisting disease. can anyone give me any information they have regarding similar claims
    thankyou

  2. #2
    just Guest

    Default

    g. dawson............Are you an employee or an employER ??????

  3. #3
    sh Guest

    Default

    The law considers agravations new injuries. Happens all the time. Once the injured returns to pre-injury status the comp benefits will stop unless it casued permanent impairment. In which case comp pays it's share.
    Happens the other way also. When there has been a non-industrial event that aggravates an existing work comp claim, the carrier will deny benefits.

  4. #4
    john Guest

    Default

    many people do not have a problem with stenosis or even know they have it until there is an injury that aggravates it further.What is the name of the serious back disease?Everyone over a certain age has the label degenerative disc disease, but that doesnt mean they have a problem working, yet many times a work injury, causes new symptoms to appear that are often hard to treat.

  5. #5
    john Guest

    Default

    many people have stenosis and it isnt a problem until an injury aggravates it.People over a certain age are often diagnosed with the label degenerative disc disease and without an injury such as a work injury they wouldn't even know they had soo called degenerative disc disease.Once it has been aggravated by a work injury it is hard to treat.What is the name of the serious back disease? Who awarded the claimant the disability payment? The judge or was it a mutual settlement?

  6. #6
    Join Date
    Nov 1971
    Posts
    178

    Default

    G. Dawson:
    Are you an employer whose insurance company is having to pay for this employee? Please be clearer on this matter. I am in MA and am interested in talking with you, through this forum or otherwise.

  7. #7
    simon Guest

    Default

    Tom, and Gerry

  8. #8
    Join Date
    Mar 2007
    Posts
    2

    Default Re: Preexisting spinal stenosis

    i was 18 when i got injured and work, my results were moderate stenosis, degenerative disk disease and 4 herniations. did they have to pay? absolutley

  9. #9
    Join Date
    Feb 2007
    Posts
    775

    Default Re: Preexisting spinal stenosis

    tool - not the same thing at all.
    an injury may cause some complicating factors due to pre-existing stenosis but once the condition has returned to pre-injury status baseline the stenosis is a non-factor. Coverage for issues concerning stenosis would therafter not be under comp. While this is a gross simpification, by and large stenosis is not a clinical issue in most back injuries but is added on the basis of language from the imaging studies. When there is a significant spine injury, it would be hard to imagine how a sprain would aggravate stenosis, then the lack of space due to the pre-existing stenosis may cause a serious complication that must rightfully be included in the claim until remedied; ie. surgical management of the stenosis in addition to the primary lesion. This would be the difference between a discectomy and a discectomy/laminectomy.

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