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post employment medical history report and pre exsisting condition - Printable Version

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post employment medical history report and pre exsisting condition - lucy1959 - 10-30-2008

I was injured at work in January in florida did all of the workers comp stuff, they denied the whole claim because # 1 they found past chiropractic records,(I have seen a chiro since I was a kid,but have had no major back injuries)#2 I did not check the backache box on my postemployment medical history report, which I filled out 2 years ago. My lawyer says we dont have a case because of these two things, even though most days my back hurts so bad I can't move,and that didnt start untill after I got hurt at work,the workers comp doc lied in his report to attorneys, saying he felt I didn;t get hurt at all and that it is all prexsisting. MRI showed several bulging discs in my lower back, but doc says that wont cause the kind of pain Im having, anyway they fired me in june for falsification of documents, thats the post employment medical history report from back when I was first hired, which by the way my attorney said are used just for this reason, to get out of paying when an employee files a lawsuit.Has happened to anyone else and do I really not have a case or do I need a new attorney.


RE: post employment medical history report and pre exsisting condition - Lilly - 10-31-2008

Hi Lucy & Welcome,

Someone will be along to answer your question shortly....we need your STATE to be accurate in the answers they give you, as every state has different WC rules.
Take care, LillySmile


RE: post employment medical history report and pre exsisting condition - Timothy Belt - 10-31-2008

If it is a PA case, based upon those limited facts, I would at least consider taking such a case.


RE: post employment medical history report and pre exsisting condition - Bad Boy Bad Boy - 10-31-2008

Employment Applications are a major Record for employment/Post-employment. They are very legal, and you even sign them stating all information is true. Also the fact that many States are an At Will Employment State, allows employers to fire at will, without given a reason. The fact you didn't list Past Backaches might be questionable, but in today's time, if asked, it's best to tell the truth. I had just seen a person get fired for listing a check mark in the box asking if they ever had a Fenoly? They checked yes. Was discussed at interview with two different people. The get hurt at work, pull application up, and fire them, because on the back of the application it ask to list what the details of the felony were for. It wasn't filled out, and was never asked to fill out during two interviews. Who's fault? It's the fault of the person appling for work. Doesn't seem fair, but that is what it is.

I would have to question the chiropractic care you were getting, what was it for, had recent X-rays been taken before you were injured? If you had current X-rays taked before injured, and no Bulging Disc showed upped, then you might have a leg to stand on as far as an injury goes.

I never sign an application till I was asked to do so.


RE: post employment medical history report and pre exsisting condition - Bad Boy Bad Boy - 10-31-2008

We also would need to know what State you in to help you better.


RE: post employment medical history report and pre exsisting condition - capricorn - 10-31-2008

Hi Lucy...Just going to throw my 2 cents in. There are some experts here and I am not one of them BUT I have just settle dmy claim after almost 3 years. Five body parts were included in this claim. All were injured before at the same job BUT my cervical spine. It was pre-existing natural deterioration that got so bad it went into stenosis. I had also seen a Chiro in the past just because I feel they help. All came up and was included in my claim and I still won. You say you were injured at work in January. Can you add a little more to how you were injured? Also I am with BB on this one, why did you see a chiro since you were a kid?


CAP


RE: post employment medical history report and pre exsisting condition - lucy1959 - 10-31-2008

capricorn Wrote:Hi Lucy...Just going to throw my 2 cents in. There are some experts here and I am not one of them BUT I have just settle dmy claim after almost 3 years. Five body parts were included in this claim. All were injured before at the same job BUT my cervical spine. It was pre-existing natural deterioration that got so bad it went into stenosis. I had also seen a Chiro in the past just because I feel they help. All came up and was included in my claim and I still won. You say you were injured at work in January. Can you add a little more to how you were injured? Also I am with BB on this one, why did you see a chiro since you were a kid?


CAPHey thanks for getting back to me I live in florida and I have been to chiro for migraines since i was 10 years old And I have never had a major back injury which is what I thought they wanted to know because everyone has had a backache at some point in their life, haveing ulceritive colitis my back would often hurt although it had nothing to do with my back, I guess I over thought the answer now i will pay the rest of my life, that does not seem right



RE: post employment medical history report and pre exsisting condition - Bad Boy Bad Boy - 10-31-2008

Lucy, your prior medical facts then are your tools to combat a work injury. The fact that the employer can fire or term an employee over an application is another thing and is employment law not Work Comp Law. As long as your medical records support no back or spine proplems you should be able to combat the work injury. Never say never, for these things happen many of times. You not the first, your will never be the last. Just find an Attorney wishing to work for your best interest.


RE: post employment medical history report and pre exsisting condition - sparkey - 10-31-2008

I too would like to say that I had a pre-existing carpal tunnel surgery 10 yrs. ago. My wrist got so swollen and nerve pain that after 1 1/2 yrs. at a hospital I had to fill out a WC form because I could no longer work with the pain I was in. That is when I came into the WC mess.

I did not hire a lawyer my whole case sofar and when I was ready to go to a hearing on my rateing the lawyer had the paperwork that I filled out on the day of hire about past medical etc. I seen where I had checked off that I had past problems with my carpal tunnel and everything was there on paper stating I did have pain still. It did not stop me from winning my case of 10% permanent impairment.

I had EMG tests that showed I had mild carpal tunnel again and with the documents of the medical test I feel this is what helped me. I read alot about pre-existing information and it does say that you can have a pre-existing problem and your employment could be responsible to pay your medical bills if it caused you to get injured further. That is just my opinion and it held up in my case. They are still paying for my medical today due to permanent impairment now of my dominant hand. Depending on your situation of further information we need would depend on if they would be liable also. How did it happen, what you did for work etc.


RE: post employment medical history report and pre exsisting condition - kate - 10-31-2008

Sounds like the employer is relying on the "Martin Vs Carpenter defense" which basically says if you lie on your medical questionnaire, you are not entitled to WC benefits. This is Florida law. If you had prior back problems and put "no" on the form, it's considered fraud and they would deny the claim based on fraud.

HOWEVER, did the form say "backache" or "back injury"? If it said back injury and you did not ever have a back injury, just back pain, it could be you misunderstood the question... Also, in some cases, someone may have a condition that they are unaware of because there was no pain prior to the work injury so that would also be a different case. Having seen a chiro and having the past medical records would probably not help in that type of case though.

I don't know what your medical records say, but I am truly surprised that if they do not indicate a prior back injury that the attorney would not take the case. These are usually the kind they jump on.

You may want to consult with another attorney. If they don't want to take the case, then I would have to assume that the medical records are not in your favor and you may want to then consider the settlement they are offering.

Believe me, most people do not even understand some of the forms they fill out when getting hired so this happens alot more than most people would realize.

Sorry - this probably isn't what you wanted to hear, but unfortunately, that is the way the law works.