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post employment medical history report and pre exsisting condition
#11
Timothy Belt Wrote:If it is a PA case, based upon those limited facts, I would at least consider taking such a case.
Im sorry Im from florida I should have said that right away, thank-you
 
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#12
kate Wrote: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.
Kate thank-you for your input iam in florida, and I thought they would want to know about back injury which I had never had I figured asking if I had ever had a backache was alittlle veig backaches can come from all sorts of things that have nothing to do with your back,like kidney infection,ABS,menstral cramps so I guess I over thought the question but I didn't intenionly lye, although that doesn't seem to matter, my employers attorney made me sound like a big liar and my attorney did nothing to help me
 
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#13
lucy- call and talk with more than one lawyer and see if you can find a lawyer to take the case. Explain to the lawyer why you answered the question as you did and also check the chricopractors records and see what is writting there. There could be information in them that shows a prior problem with your back and then you would know what the insurance company is using for the refusal to pay. Also do you have a witness to the injury? This also may help you.
May God send his angels to hold you in his arms
 
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#14
Lucy,

RNvic Wrote:call and talk with more than one lawyer and see if you can find a lawyer to take the case. Explain to the lawyer why you answered the question as you did and also check the chricopractors records and see what is writting there. There could be information in them that shows a prior problem with your back and then you would know what the insurance company is using for the refusal to pay. Also do you have a witness to the injury? This also may help you

Perfect advice!

Also, just an inside note from a Florida ex-adjuster. Unless it was very, very obvious that there was a lie or misrepresentation, very few of this type of case are decided on the employer/carrier side. In most cases, the judge will side with the injured worker.

Good luck.
 
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