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  1. #1
    Join Date
    Oct 2017
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    4

    Angry Fell at Work

    Hello All,
    I fell at work Tuesday and went to urgent care. My hip and arm was X-ray. No broken bones. I landed on right side of my back and elbow. I had to beg Workman comp doctor to let me go home and rest. The next day I returned to the occupational side of the clinic to see another approved doctor. He looked at my X-rays and because 11 years ago I had a 2 level spinal fusion, he is sending me to an orthopedic doctor to rule if my injury is 51% work related. I don’t understand why I am not being treated or evaluated. No MRI.. no PT. Is this common? I get that they want to rule out ore existing. I had successful back surgery 11 years ago and have been fine until I fell. And what about my elbow?? I’m frustrated and very confused. Is this Ortho going to evaluate me before he makes a ruling?? Thank you for any advice you have. Also Neither doctor I’ve seen believes there is a reason I can’t go back to work. I can’t sit for more than 5-10 minutes without intense burning in my back and right lover calf. The doctor said I could stand to do my desk work wth??
    Last edited by Danek1819; 10-28-2017 at 10:25 AM.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,032

    Default Re: Fell at Work

    He looked at my X-rays and because 11 years ago I had a 2 level spinal fusion, he is sending me to an orthopedic doctor to rule if my injury is 51% work related.
    Also Neither doctor I’ve seen believes there is a reason I can’t go back to work.
    Sounds like they're not taking you serious or blaming your complaints on a past injury.
    Either way, if you're seriously injured and they fail to do the right thing, retain a lawyer.

    The rating you received 11 years ago will be deducted from any rating you may receive now - that may be where they're trying to establish this injury has already been compensated for.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Oct 2017
    Posts
    4

    Default Re: Fell at Work

    Hi Tony,
    My L4-S1 fusion 11 years ago was not due to a work injury, so there was no rating to deduct. I was born with a congenital pars defect. I had fusion to stabilize my spine which was very successful. I’ve worjed full time since my surgery and have not daughter any type of treatment or medication for my back since I recovered. Will my rating include my injury as a whole or will the fusion be allocated out of the final rating? I’m reading a lot about the non symptomatic eggshell plaintiff and feel I fall inder that more than aggravated. Thank you for your response.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,032

    Default Re: Fell at Work

    Quote Quoting Danek1819 View Post
    Hi Tony,
    My L4-S1 fusion 11 years ago was not due to a work injury, so there was no rating to deduct. I was born with a congenital pars defect. I had fusion to stabilize my spine which was very successful. I’ve worjed full time since my surgery and have not daughter any type of treatment or medication for my back since I recovered. Will my rating include my injury as a whole or will the fusion be allocated out of the final rating? I’m reading a lot about the non symptomatic eggshell plaintiff and feel I fall inder that more than aggravated. Thank you for your response.
    For the record - the Eggshell Plaintiff Doctrine is limited to tort claims.
    Employers are protected from a tort action by the Worker Compensation Act - worker compensation is the exclusive remedy.

    Eggshell Plaintiff Doctrine
    Taking the Victim as you Find Him
    A defendant who has caused damages in a tort is liable for those injuries proximately caused. However, the tortfeasor "takes the victim as he finds him." What this means is that if the plaintiff has pre-existing condition of health at the time of the accident that results in damages more serious and costly than they otherwise would have been, the plaintiff may recover those full damages. See Flood v. Smith, 126 Conn. 644, 647 (1940).
    http://www.bpslawyers.com/Articles/E...Doctrine.shtml

    Workers' Compensation: Can I Sue My Employer Instead?
    Generally, you are barred from suing your employer for a workplace injury. This is because when employers provide workers' compensation insurance for the benefit of their employees, they are typically protected from defending personal injury claims brought by those employees. This workers' compensation system was established as a trade-off in which injured employees give up their right to sue employers in court in exchange for the right to receive workers' compensation benefits, regardless of who was at fault for their injuries. This is known as a no-fault system.
    http://injury.findlaw.com/workers-co...r-instead.html

    I still say they will claim an aggravation of a pre existing condition - they are responsible for any additional impairment that resulted from this incident, nothing more.
    Any surgery results in some level of permanent impairment - the fact you didn't receive a rating for the impairment at the time doesn't mean one didn't exist.
    You'll have to first establish the cause of this injury is work related and not because of your pre existing condition.
    Secondly, you'll have to prove an additional impairment resulted from of this injury - given your circumstances, these may not be easy tasks.

    At the end of the day, you're the claimant - it's your responsibility to prove your claim.
    The only way to know for sure is to consult a lawyer and go for it if your "new" injury justifies the action.

    Here's a good blog on this topic.

    In general, having a pre-existing condition will not prevent you from receiving workers comp. However, proving the cause of your injury – or re-injury, as it were – will be even more important than it is for other types of workers comp claims.
    Workers compensation insurance is only available for injuries that are sustained on the job and/or in the performance of one’s job-related duties. You will need to gather all the evidence you can – and as quickly as you can - that tends to show that the cause of your injury was work-related, rather than condition-related.
    If you have a preexisting condition, you can count on the workers comp carrier claiming that the cause of your re-injury was that condition instead. You have to be ready to demonstrate your side of things.

    Remember, none of this is to say that your pre-existing medical condition cannot play any role. In fact, if a pre-existing medical condition becomes aggravated, accelerated or exacerbated due to a work-related injury, then the workers' compensation carrier is usually responsible for the cost of the increased disability, including medical treatment
    https://employment-law.freeadvice.co...p_reinjury.htm

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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