called it a second injury

[reggie53]

the second jury partythe second injury party

THE SECOND INJURY PARTY

FROM THE STATE OF TENN. I HAD A INJURY AT WORK IN 2003 I FILLED OUT ALL THE PAPER WORK AND WENT TO THE ER.LETS MAKE A LONG STORY SHORT AFTER FILING A CLAIM AGAINST MY WORK PLACE I WAS INFORMED THAT THE LABOR BOARD STEPPED IN, AS TIME GO'ES BY MY BACK WAS STARTING TO REALLY GET BAD THE PAIN WAS SO BAD I HAD TO HAVE SURGERY AND OF COURSE LOSING MY JOB. I HAD SURGERY ON MY BACK 16 YRS. AGO BUT THIS FALL CAUSED MY BACK FUSION TO BRAKE THE FUSION WAS A BONE FUSION NO SCREWS,WHY WOULD THE LABOR BORAD STEP IN ? WHEN I REPORTED THE INCIDENT I DID WRITE ON THE INCIDENT REPORT OF PAIN IN THE LOWER BACK ALONG WITH THE OTHER BODY PART. THE BACK PAIN WAS'NT TO BAD UNTIL ABOUT 2 MONTHS LATER AND I WAS STILL WORKING WITH THE OTHER INJURY. REMENBER THESE INJURIES HAPPEN AT THE SAME TIME ONE WAS MORE PAINFULL THEN THE OTHER AT THAT TIME .COULD SOMEONE LET ME KNOW WHY THEY CALL IT A SECOND INJURY!! BECAUSE MY WORK PLACE REFUSED TO TREAT MY SPINE FOR A YEAR I WAS FORCED TO GO TO THE LABOR BOARD TO GET TREATMENT I NEEDED THANKS REG I HAD WENT TO THE LABOR BOARD LONG BEFORE I HIRED A LAWYER HOPE THERE IS SOME ONE NOT AS CONFUSSED AS I AM

[bears00]

First of all, turn off you the all caps feature. It is considered shouting on the internet.

I don't know about your state, but here in Louisiana, we have what is known as an SIB, Secondary Injury Board. Basically, a secondary injury is when you go to an employer with a pre-existing medical condition, and they keep record of it for the purposes of workers comp (WC) (but keep in mind, this has very little to do with private health insurance).

Here in LA, when you are initially employed, and solely for the purposes of WC, most employers will have you fill out a questionnaire asking about previous illnesses and injuries. The liability for re-injury is split equally between the WC carrier and the employee. When an employee has a pre-existing condition, let's say like your back injury, in LA, an SIB injury is only 50% responsibility of the WC insurance carrier, the other 50% is the responsibility of the employee. The employee liability then can be covered by health insurance. If you have had at least 12 months of uninterrupted insurance coverage, then the health insurance carrier cannot disqualify accepting the employee liability unless they specifically exclude on-the-job injuries. By the way, most health insurance policies these days don't do that for fear of liability suits, they just have a subrogation clause that "in the event" the claim is WC, they retain subrogation rights (right to recoup money from the WC carrier). This is how it works in my state, I am not sure about yours, but I cannot imagine it being terribly dissimilar.

If I were you, I would be attempting to make an argument that even though you had this bone fusion, there would have been a similar injury i.e. the breaking of bone, even without a fusion. Also, you should highlight how little trouble you had with your bone fusion, and were functioning at full capacity with no restrictions, limitations, or a disability rating. Good luck.

[reggie53]

thank you Hello Bears thank you for the info my deposition is next friday and now I know what to except, Sorry about the screaming!! I don't know if I'm doing this right but I needed to thank you. Yes they are well award of my past medical they also know that I have'nt been to another doc. about my back there is no paper any where , also I never knew about the broken bone my lawyer is'nt a talkive person hes been on my case for 3 yrs. now and I believe I spoken to hem 4 times I've ask hem about a few things and I never get an answer. I well ask hem about the broken bone. Another thing when I went to work for this company I filled out a health form stating about my surgery and the year it happen and I have yet to see this paper I'm believing it was at HR office at work. Do you know if the lawyer may have it ? thanks again

[bears00]

Your attorney should have the form. If he didn't get it, I sure as heck would be questioning why. Ask your attorney.

If you are at the deposition stage, that means that your attorney should have already called for pre-trial discovery. In other words, other team, show me what you've got. If they failed to produce that form, that would be very much to their detriment.

Good luck.