re-opening a workmans comp case in MO. Missouri

[madison55]

I had a work related back (2 herniated discs, lower back ) injury 10 years ago in missouri,,, ended up going through a rehab program, and they sent me back to work on light duty (which did not happen, I was doing the very same work as before) and i ended up being terminated from this job due largely to the fact of days missed because of my back pains.

I moved out of state shortly after this termination, and maintained my back as well as I could for a couple years (paying small charges at a local chyropractic clinic to help keep it in line) and when they wanted to do ex-rays and possible further treatments to help, I gave them the workmans comp info.... and it came back denied due to the fact of it had been 2 years and 2 months since I used it. It was now closed. And was told that I could not open it back up once it closed.

I was never informed that I had a 2 year time frame to use the comp. and to maintain its availability in doing so. I had no Idea... and of course, never any settlement either. I now pay for all medical bills out of pocket and do the best that I can.

Now,,,, I have been told by a few people that is is possible to open this back up,,,, my back has progressively worsened over the years, I now have 4 herniated discs (2 more in mid back, from??? Ive been told they very well could have been caused by the lower back injury), and its a mess.... I also have chest pains now.... as best the doctors can tell, this to, has to do with the spine injury.

Can these cases in fact get re-opened?
and any info on the process of accomplishing this would be greatly appreciated.

Best Regards-
M

[ElleMD]

Maybe. How long has it been now? Has any doctor causally related the current problems to the injury you sustained years ago to your lower back?

[madison55]

Thanks for the reply Elle.....

It was 97-98 when the injury took place.

and yes,,, i have had more than a few doctors tell me that the lower back injurys have played a factor in the secondary problems.

I have traveled extensively over the years, and last year is when I started having chest pains, and went in to get it checked out (in MN.),,,, and after every test (starting with the heart and working down, stress tests, CT scans, blood tests, MRIs, etc,..) they told me my heart, lungs, muscles are all fine,,, and finally after 6 months of testing, a neurologist concluded my back injury(s) had to be the cause of the problem.

and over the years, other doctors have directly linked these seemingly ever growing back problems to my initial back injury as well.

[rcpilot]

you need a lawyer

You need to speak to an attorney, possibly where the case existed, about reopening a case.

[madison55]

thanks RC....

finding an attorney, possibly in the area the injury happened,,,, this was always an issue, due to my traveling.
I never really knew for sure if I could even open it back up, and if I would have to return to MO to do this, was always the big question..... and had no idea were to start.

thanks again.... I appreciate the info.
M

[gonegone]

You need to speak to an attorney, possibly where the case existed, about reopening a case.

I have to agree with you on this get in touch with a board cert. lawyer in the state the injury took place. There are so many factors that could come into play here you need the advice of a lawyer in the state were it happened and states all have diffrent rules but if you have any recourse a lawyer will let you know

[madison55]

thanks to you all.........
At least I know it is possible now,,,, to reopen the comp file.
something I was always told could not be done.

[ElleMD]

http://www.moga.state.mo.us/statutes...2870000430.HTM

In MO there is a two year statute of limitations after the last payment is made, for you to make any further claims. However, it is worth a consult with a lawyer to discuss.

[madison55]

Thanks Elle,

Im on it,,,,, and have leads on a couple comp. attorneys in St. lou, that sound promising.

Thanks again, to all.

Best Regards,
M

[madison55]

update:

I contacted two workmans comp. attorneys that were refered to me by friends, and are out of St. Louis..... I was informed by these attorneys that they believed the case could not be reopened, due to the time frame that has lapsed in the case.

back to square one..... seems I get conflicting opinions on this,,,, maybe I just need to find the right attorney, with more experience,,???

thanks again to all-
M

[ElleMD]

Where are you getting conflicting opinions from? You had two attorneys confirm it is too late to file. Statute of limitations claims are very hard to defeat absent some extenuating circumstances as it is fairly easy to judge whether you filed within the time limit or not. There isn't a lot of wiggle room there. MO has among the shortest time periods to file to reopen a claim. I suggested talking to an attorney as sometimes there are extenuating circumstances that posters don't share as this is a public bulletin board, that might be germaine and you have a lot higher stakes here than most. Consult with another attorney if yo uwish, but realize that if it is too late, even the best lawyer in the country won't help you.

[madison55]

thanks Elle....
conflicting, mainly from people who have done this before... even with years of being closed... they have reopened them.
seems they either had special circumstances, or like I say,,, a better attorney.... (I get the feeling of inexperience with the two I spoke with)

Ill get a couple more "second opinions" from other attorneys......
it just may be exactly as I was always told...... no reopening-