Not sure if I'm asking this in the right place so please don't spam me if I am. My brother had hurt his back at work about 8 months ago. He has had multiple doctors say that his back is messed up. I think there are 2 bulging or slipped disk not sure. When workers comp sent him to there doctor for a second opinion he said it was worse than his regular doctor. There are mri's and x rays that show the condition. Well about about 4 months ago I invited him to my company picnic. Well At the picnic he was a activity where head ran for about 20 yards and after the picnic he helped more a couple of tables ( the white plastic ones with the folding leggs ). well today they had a meeting with him and asked those questions generally. They asked if he had ever moved any white picnic tables and played any sports. Well he didn't remember and of course someone had filmed him. So we are wondering can they drop him and not fix his back?

That is certainly a possiblity.

You will have to go to court and prove he is disabled. The video will kill you.

Good luck.

He is not going after the disability, He wants his back fixed.

If he was running and moving furniture, expect a battle to get anything covered under WC. Depending upon who asked him about it and what he told them, he could also be looking at fraud. Video tends to be very hard to overcome. Is he still at least working?

No the doctors never released him after they took the mri's showing multiple disks messed up. He has been on injection treatments.

Oy. That gets a lot messier then. If he is incapable of working yet can play sports and move tables at a picnic, then I would expect his indemnity benefits to be cut off and the chances of this being pursued for fraud go way up. It is a very hard argument to make that one is so injured that they can not work, yet can run and lift and engage in fun activities. It is very hard to get past video of the person acting normally. Double this if the injury isn't directly responsible for the damaged disks, such as when the injury was an aggravation of a pre-existing degenerative condition (very common with back injuries).

Injections typically do not require the person to be off work beyond the day of the shot and perhaps the next day. Something doesn't add up, though you may not have all the details. I suspect that there are work restrictions and the employer is unable to offer light duty as opposed to the doctor indicating that he can not work at all. If that is the case, if the restrictions include no lifting or running or playing sports, your brother is really in for a fight to get anything covered.

If he doesn't already have an attorney, now is the time to get one and fast.