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  • honesty+stupidy=me

    thank you very much
    Last edited by rear-ended; 10-09-2009, 06:49 AM.

  • #2
    Don't know your state and that would be helpful to answer many of your questions. I can tell you that reagardless of where you live or where you were injured in all 50 states WC is required to cover exacerbation/aggrevation of pre-existing conditions. Rather they have been treated in the past or not. I can also tell you that a WC doctor has to state that your current injury is a result of being injuried while in the course of and arising out of your doing your job. Also you have the right to fire your current attorney and hire another one if you are dissatisfied with the current firm. The fees will be split and apportioned by the WC board or judge. Someone else will have to answer your other questions.

    Okay I've got to make a reatraction. In the state of Texas WC is not mandatory. However if the employer elects to carry WC then the pre-exsisting aggravation still applies.
    Last edited by BnThrDnTht; 06-13-2007, 06:49 AM.


    • #3
      1. Yes

      2. There will be if you want one. Make clear to your attorney that this is what you want and insist they permit it. Some lawyers get funny about having a NCM on the scene, but your lawyer is there to serve your interests. If you liked having the NCM, then you are entitled to keep her.

      3. I'm not sure I understand what you are asking. If you have a WC claim and the medicals are covered by WC, you should not be paying anything out of pocket. If there is contested treatment, then your lawyer should be filing issues to get a ruling to see if it will be covered. Since you indicated your carrier has not denied any treatment previously (and often in 3rd party claims treatment is approved more readily), I wouldn't worry about it.

      4. If this IME says it is all pre-existing, then you are entitled to an IME of your own and may file issues if treatment is denied as a result. Honestly, if there is no medical treatment on the prior claims and you have not been treating for these problems prior to this accident, your chances of having it all blamed and upheld as pre-existing are nil. If this is the straw that broke the camel's back, WC just bought themselves a camel. BTW, it is always better to be upfront about prior injuries even if minor. The worst case scenario is for it to come out later in a hearing. It pretty much destroys your credibility and gives your attorney zippo to defend the claim. Now at least your attorney can get the medical records from the time of these other incidents and show that there was no teatment or minimal treatment that resolved. It also bolsters the opinion that you are honest.

      5. Talk to your lawyer about how to proceed if this is strictly a personal liability claim. I honestly don't forsee that happening from what you have shared, so I would not worry too much about it.

      IMEs can take as long as two weeks, but it really varies. There are times I have the preliminary results the same day or the very next day. Since this was initiated by the carrier and you are represented, I'd expect the results to reach you in about 2 weeks. It has to go through a lot of other people first.
      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.


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