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WC law on prior WC injuries and its effect on claim
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Ive been out of work for 15 months and receiving WC benefits.The insurance company has sent me for an IME 5 times. First with a Chiro, then the remaining 4 times to the same Orthoedic Surgeon. All reports were that I'm presently unemployable and surgery was the only thing that might help. I recently saw a top surgeon in NY and he is reccomending a spine fusion with instrumentation. Problem is that I have a past WC case back in the 1990's whereby the same disc was at issue. I was out of work for 10 years collecting WC and SSDI. I had settled out the WC case and a year later, I notified SSDI and started working. I continued to work for 8 years without ever needing medical treatment again, until I was assaulted during work and substained injuries to this same disc 15 months ago. The insurance company is asking me to provide them with more information about this older injury but truth be told I don't remember the doctors I was seeing. I was only able to provide the main doctor I was seeing and she has since retired. I have not been able to get the surgery approved as they are researching this prior WC case. Does WC law provide standing for this insurance company to deny surgery and possibly future benefits?

Also I'm set to see SSDI Doctor ( IME) Should I hand over these 5 previous IME's from my current WC claim to try and keep him honest?
 
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WC law on prior WC injuries and its effect on claim - jp11738 - 08-27-2012, 11:44 AM

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