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  1. #1
    michele Guest

    Default Injured Back At Work

    i am so happy to have found this board,my husband hurt his back at work.15yrs employed as a drywall and construction material delivery.Lots of lifting heavy ,twisting etc...anyway my first question. he was seen by a doctor for his back 5 yrs ago,fell at work(same place)missed no work,no xrays or anything..skip to present..loading 200lbs of drywall with another guy,other guy lets go to quick and my husband ends up catching the drywall.instantly feels the "snap" and has back pain,leg pain etc.,filled out a report at work,get the pain a little better,continues to work in pain until he couldn't stand it, went to doctor,mri xrays and been on light duty every since. w/c ime says it prexisting condition of degenerative disc disease and the accident at work just flared it said that the incident from 5 years ago proves a prexisting back problem and goes in w/c favor.Is this true,even though both injuries occured at the same place?I don't get it,why wouldn't go in his favor, to me it shows a history of work related injuries that led to his problem.please help me!

  2. #2
    plates/screws Guest


    did he fill out an accident report for the first injury.

  3. #3
    michele Guest


    Thanks for responding.yes he did,funny thing is his employer says they do not have it,but I tracked down the w/c ins they had at that time and I got a copy of the check they paid for the dr visit.the lady said he had to have filled out an accident report for them to pay it.

  4. #4
    knowknees Guest


    Might be a good time to talk with an Attorney. Pre-existing or not the ERs WC IC is responsible for THAT specific injury at that time. Same place or not. Apportionment at the very least...Greg

  5. #5
    maria Guest


    I agree with knowknees. They should pick up the aggravation that occurred recently, pay all medical treatment, TTD if necessary and when it comes time for Permanent disability, they can try to apportion to the degenerative condition.

  6. #6
    michele Guest


    thanks knowknees,actually we do have an attorny(sometimes i wonder)he is the one that told me that the fact my husband has 1 medical report that he was seen for his back in 2001,was proof for wc ins of a prexisting condition.but let me clarify,wc, their ime doc and the employerer are not linking the prexisting to his previous work injury,the employer does not have a copy of that accident report,so he claims there was never one filled out,but i tracked it all down and yes it was.i guess my question is,when it comes to a job of this type of hard physical bending and lifting for 15yrs what does prexisting mean?
    what if the earlier injury was the start of his back problems and then continuing to work and to lift heavy,twist etc...these were all contributing factors to his condition now.does the wear and tear of the physical job play a part at all?he is waiting for approval for injections,w/c ime has put a hault to any treatment,our doctors say surgery is probably the future.this is just the start of our long story it started feb 2005.

  7. #7
    michele Guest


    maria thank you,please excuse my ignorance but what does "apportion" apportionment mean?
    he will never be able to do his job again,and his manager calls him into his ofice weekly to ask "what are you going to do?"and they have offered to pay him to go look for another job,like he is in any condition to start a new job.I am glad to have found this board,after reading all these posts I fell like I know many of you.some of these stories are heartbreaking and cause me muchconcern for our future.It's nice to know I now have a place to turn you know it also so hard for the rest of the family,and i want to stay positive for him.I see me coming here alot!;)

  8. #8
    plates/screws Guest


    I agree with them but maybe talk with another attn. good luck.

  9. #9
    maria Guest


    Apportion means to assign or split up. So, in a WC case, when assessing permanent disability, the doctors will say Mr. Soandso is 50% disabled. 1/2 of that is due to the specific injury, 1/4 of that is due to the cummulative trauma of his work, and 1/4 of that is due to the natural progression of his underlying degenerative condition.

    So, a $50,000 permanent disability award is reduced accordingly.

    But apportionment does not apply to medical treatment or TTD. If the injury caused the need for medical treatment and TTD, it should be paid in full by the WC company. You might have to fight for it.

  10. #10
    aquarius Guest


    You need to have your attorney (or another attorney) file for an expediated hearing... it's a way to get things moving faster so if work comp. accepts the claim your husband can get TTD and medical.

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