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  1. #1
    Join Date
    Oct 2019
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    2

    Default Reopening My WC Claim After Going Back to Work

    so I work in Mass and this is my situation I was injured due to a slip and fall(lower back ) September 2018 and Workmenís Comp approved everything (pay , Physical therapy ) for five months laterI went back to work cause I thought I was ready .with a doctors note stating I was 100%.(because My job you cannot modify or have light duty work) with my job we have to wear heavy tools around my waist. The pain got worse and worse knowing me I was taking Motrin trying to ride out. 5 months in I couldnít move . I file for Workmenís Comp. my old claim and was denied.(theyíre saying that The injuries wasnít from work related and the doctor signed off Say youíre 100% to go back at the time). So I did a MRI Referred by my doctor it was my L4 L5 with be bulging disc (same area of injury from the slip and fall. When this happened the first time. I did not do an MRI just a x-ray so I didnít know how severe the injury was. Long story short do you think I can reopen my case because the my doctors wrote the note That I am 100% will WC void my claim.Plus I did not take a Settlement.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,050

    Default Re: Reopening My WC Claim After Going Back to Work

    Johnsmith617
    I can reopen my case because the my doctors wrote the note That I am 100% will WC void my claim.Plus I did not take a Settlement.
    The odds are just about zero unless you can prove this injury is work related.
    Talk to a lawyer and see what he can do with it but don't hold your breath.

    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 2019
    Posts
    2

    Default Re: Reopening My WC Claim After Going Back to Work

    But itís the same area of the injury with doctors reports and from physical therapy reports. Iím just upset because I didnít know the severity of the injury from work and thought physical therapy can take care of it.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,050

    Default Re: Reopening My WC Claim After Going Back to Work

    Quote Quoting Johnsmith617 View Post
    But it’s the same area of the injury with doctors reports and from physical therapy reports. I’m just upset because I didn’t know the severity of the injury from work and thought physical therapy can take care of it.
    Being the same area, means nothing, they'll say you reinjured off work, how will you prove different?
    You are the claimant, it's your responsibility to present objective evidence to support your claim, all they have to do is throw mud at the wall.
    This is why people need to hire a lawyer from the start - a good lawyer would never let them get away with releasing you back to work, 100% healed.

    You should've informed the employer at the time you first felt pain, filed another accident report and ask for medical treatment - you cant just arbitrarily run to a doctor on your own after work and expect them to accept responsibility.
    You set yourself up, now you'll have to deal with the mess you've created.
    Consult a lawyer and see if he can salvage something from this mess, but don't expect miracles.

    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.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,762

    Default Re: Reopening My WC Claim After Going Back to Work

    What was the diagnosis of your OJI? Back strain or sprain? If so, you will find it almost impossible to link your new symptoms to that original injury. And everybody over about 35 or 40 has bulging disks in their lumbar spine; it is called "DDD" or "degenerative disk disease" for a reason. But DDD itself is not a work comp injury, although an OJI can aggravate it in a way that would be covered. You need to talk to a good workers' comp lawyer there in your local community and see if you can do anything.
    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 and Board Certified Specialist in NC Workers' Compensation Law

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