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  1. #1
    Join Date
    May 2010

    Default How Will an Unknown Pre-Existing Condition Affect a Workers Comp Claim

    Confused about our situation. Hubby was in auto accident while on the job which has lead to medical care on our own. (WC denied claim-we have an attorney) Today we learned via surgical consult hubby has a rare spinal condition, SEL which has caused compression along his entire lumbar region. Surgery is required to correct the problem. We did not know about this. Hubby has had back pain in the past but has always attributed it to normal wear and tear arthritic issues as his job is very physical in nature. Initialy after the auto accident he felt sore but gradually his back pain began to esculate to extreme levels. Now it seems there has been some underlying chronic back issues all along and although I believe the "jolt" of the auto accident has irritated his back, I am concerned we now have no case for WC. What are your thoughts. Thank You.

  2. #2
    Join Date
    May 2009

    Default Re: Unknown Pre-Existing Condition-May Not Have WC Case

    there is a link above to your state w/comp resources,there you can view
    the info of the dept.of labor if you are interested...

    your attorney most likely knows the system very well...
    and agreed to represent you so he must believe you have a case...and thats
    good news so far...

    more info to come once the more experienced members here find your post
    best wishes to you and your husband.................pv

  3. #3
    Join Date
    Feb 2007

    Default Re: Unknown Pre-Existing Condition-May Not Have WC Case

    Just because there is another party liable for the MVA does not mean there is no WC claim.
    IF the injury meets the AOE/COE test, the claim should be compensable. That the injury Arose Out of Employment, and in the Course Of performing the duties of the Employment/job.

    As would be the norm, all disputed medical issues are subject to litigation in comp court.
    There are other issues involved in 3rd party claims too, and generally the IW is eligible for more in benefits and money in a settlement than WC alone.

    Let your atty handle these issues... don't try to second guess his approach on a message board, it will only serve to confuse you further. We don't know the facts surrounding the claim, and responses here would be generic at best, may or may not be relevant to your situation.

    Good luck to you and your husband. The underlying/pre exsisting condition does NOT mean the claim is not compensabe. There are all kinds of cases where the underlying condition treatment is fully the liability of your ER and carrier.

  4. #4
    Join Date
    May 2010

    Default Re: How Will an Unknown Pre-Existing Condition Affect a Workers Comp Claim

    Thank You so much for your advise. I will leave all of these issues to the Attorney as this is his area of expertise. I'm just a worried wife trying to care for and protect her family. Once again, Thank you.

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