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  1. #1
    Join Date
    Jul 2010

    Question Pre Existing Condition

    I have facet joint arthritis. I have not been to dr in 2 years. No problems until June. I picked up several 5 gallon bukets of paint. I felt tightness in lower back. By the next day pain was running down my leg. I went to dr he said I had lumbar strain. After 2 weeks of treatment he sent me for mri. The results showed I aggravated facet joints. My work has assigned a nurse case manager . I am still paying dr bills. Can workers comp turn this down due to pre-existing condition? Should I contact a lawyer? I have not worked in 3 weeks. Thanks for any help.

  2. #2
    Join Date
    Feb 2007

    Default Re: Pre Existing Condition

    Aggreviation to a pre exsisting condition, or prior injury should be a compensable claim. You should not be paying for medical treatment out of your pocket.
    You should even receive treatment through the ER/IC during the investigation period.

    Of course you should consult with an attorney...or three. Now.
    There is a WC atty here...complwyer... Bob Bollinger...he'll be along soon to advise you on appropriate direction...
    Good luck to you.... (get that atty)

  3. #3
    Join Date
    Feb 2007
    Charlotte, NC

    Default Re: Pre Existing Condition

    Sounds like you suffered a "specific traumatic incident" that aggravated a pre-existing condition. You should be covered by work comp, but they are obviously not going to take care of you voluntarily.

    You will need a lawyer to help you. I recommend that you limit your lawyer search to those who are Board Certified as a Workers' Compensation Specialist by the NC State Bar. That way, you know you are getting competent, knowledgable counsel.

    Good luck. Bob
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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