I have a workers’ comp case where I have a herniated disc and it was discovered in the MRI and X-Rays that I have a Spinal Disorder, but the attending physician states that I can return to work. He refuses to indicate that I have the Spinal Condition, which could cause me to have future injuries leading to disability if I move in the wrong direction.
He is stating that the herniated disc is all that he is interested in, as it’s the injury of note for the WC case. I am being prescribed narcotic pain medication to go back to work light duty, which does not make sense to me.
As a precaution, shouldn’t the Department of Labor and the Insurance company be notified of the medical diagnosis, in addition to the findings of the debilitating condition which was unknown to me prior to this injury?
I need to go back to work and I want to go back to work, but I am concerned about the Spinal Disorder which will affect me for the rest of my life. I don’t know if the spinal condition lead to the disc herniation. Also, the Insurance company is trying to say that I was aware months before this injury that I was having back pain. Yes I was, but I did not know what it was until I had the herniated disc injury.
The Doctor won’t list the dangerous medical condition in addition to the disc herniation. I am concerned with this situation and why it’s not being reported. The IME doctor listed the condition in his examination clearly by underlining it, but the attending physician is ignoring it. What can I do about this? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The problem you are facing is the prior or pre-existing injury spinal disorder. In most cases, workers’ compensation will not sufficiently compensate a worker based on a pre-existing injury. In fact, many workers’ compensation insurance companies automatically believe a work related injury is nothing more than an exacerbation of a pre-existing injury.
Ask to speak with another doctor. You have that right. To receive the compensation you deserve will take a medical opinion certifying your medical condition as part of the work related injury, so you might be sufficiently compensated.
Learn more here: Workers Comp Doctors & IMEs
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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