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Texas claim - confused. Need urgent help Please

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  • Texas claim - confused. Need urgent help Please

    I am in Texas.
    My neck was injured on the job and while I was going to chronic care, I was asked to go to a RME with a company doctor. While doing Functional capacity evaluation, I reinjured my low back. I told this to my treating doctor and the chronic care doctor and they made notes and I was given a cortisteroid injection. 3 weeks have passed by now and I still have low back pain about 5 out of 10 on a scale of 1-10. Its been more then a year since I had this sort of low back pain. In fact within the week I was given Functional capacity evaluation test by the company doctors place I had a low back pain of almost 10 on a scale of 1-10. But it gradually improved and now it is 5/10.

    This low back was also injured at work. What happened was that I had injured my low back at work and had told my manager about it and supervisors immediately. They never filed a report and I didn't know that if you are injured at job, the company has to file a report. I was moved to a different department and a report was filed 7 months after the injury. The insurance company denied it.

    Now My neck pain has decreased due to treatment and that chronic care doctor has released me. But I still have low back pain and I don't know what the Texas workers compensation laws say about reinjuring your low back while doing functional capacity evaluation under insurance company doctors place.
    Is reinjury/aggravation of low back (previous low back injury that was denied)while under treatment considered a new injury? It has been 3 weeks since I had reinjured my low back and I need to know the law about this soon so I can file a claim as time is running out for me.
    So many thanks for your kind help.
    Last edited by rogerwilliams; 10-20-2006, 07:41 AM.

  • #2
    Whether it is a "new injury" or gets filed under the neck injury, is a matter of case law and I don't have time to look it up at the moment. File it as though it were a new injury. If it should be consolidated, the insurance carrier will let you know.

    Was the original claim (for the low back) ever appealed? Did you ever challenge the denial? How long ago was it denied? Did you ever file the injury officially? Telling your employer you injured yourself and them filing the claim is only half the equation. Did you ever treat for this condition?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.