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2 Insurance Carriers, 2 Denials
#1
I'm a female in my 40’s from FL with no prior back conditions.
In the past 3 years I hurt my lower back at work twice, first time in March 2015 and after 4 month I was released by the work comp DR to go back to work on full duties with no restrictions.
The second injury was on January, 2017 and I returned directly to my work comp Dr. and instantly received treatment.
Work comp doctor send me for 3 MRI in the past 3 years. The MRI results indicated multiple bulging discs, multiple central canals stenosis, multiple annular tears, inherited as well as fusion disc.
Treatments included 1 cortisone and 2 Epidural, 18 physical therapy sessions and variety prescription drugs. Currently, I have pain in lower back radiating to my left leg and numbness in groin and inner thighs.
The Dr. sent me back to work on light duties but employer did not have work for me and after 4 months they fired me. I'm out of work from April 2017 and still under work comp doctor restrictions.
For the last year and a half the work comp doctor and the insurance company/employer treated my second injury as an extension of the first one.
However, this was changed last month (June 2018) when I received letter from the 2015 insurance company denying my claim that on the date of my second injury the company I used to work for had different insurance carrier. The insurance company argues that the "major contributing cause" was in the second injury so this is not their responsibility.
In the same time I received letters from the 2017 insurance carrier claiming that "there was no injury by accident that resulted from employment and failed to timely report accident" so they denied my claim as well.
Currently, my case is denied by 2 different insurance companies and I'm not getting any compensation and or treatment.
What will be the best way to handle this situation?
Your help is greatly appreciated!
 
Reply
#2
Have the comp court review the medical evidence and decide.
For help with his process:
https://www.myfloridacfo.com/Division/WC..._print.pdf
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
From the link posted above:
If the insurance carrier does not provide benefits to which you believe you are entitled, or has denied your claim, contact the Employee Assistance Office (EAO). Although the EAO does not provide legal advice, our specialists will answer questions about your rights and responsibilities and may be able to resolve problems you’re having with your workers’ compensation claim. This help is free and available by contacting the EAO at 1-800-342-1741.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#4
glad that information was helpful.
thankx for posting.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
(07-23-2018, 02:17 PM)lora000 Wrote: I'm a female in my 40’s from FL with no prior back conditions.
In the past 3 years I hurt my lower back at work twice, first time in March 2015 and after 4 month I was released by the work comp DR to go back to work on full duties with no restrictions.
The second injury was on January, 2017 and I returned directly to my work comp Dr. and instantly received treatment.
Work comp doctor send me for 3 MRI in the past 3 years. The MRI results indicated multiple bulging discs, multiple central canals stenosis, multiple annular tears, inherited as well as fusion disc.
Treatments included 1 cortisone and 2 Epidural, 18 physical therapy sessions and variety prescription drugs. Currently, I have pain in lower back radiating to my left leg and numbness in groin and inner thighs.
The Dr. sent me back to work on light duties but employer did not have work for me and after 4 months they fired me. I'm out of work from April 2017 and still under work comp doctor restrictions.
For the last year and a half the work comp doctor and the insurance company/employer treated my second injury as an extension of the first one.
However, this was changed last month (June 2018) when I received letter from the 2015 insurance company denying my claim that on the date of my second injury the company I used to work for had different insurance carrier. The insurance company argues that the "major contributing cause" was in the second injury so this is not their responsibility.
In the same time I received letters from the 2017 insurance carrier claiming that "there was no injury by accident that resulted from employment and failed to timely report accident" so they denied my claim as well.
Currently, my case is denied by 2 different insurance companies and I'm not getting any compensation and or treatment.
What will be the best way to handle this situation?
Your help is greatly appreciated!
 
Reply
#6
Loora sorry took me so much to reply

First. GET A WORKERS COMP LAWYER they not charge in advance

Second Go to the equal employment oportunity an explain your case about your employer do not have an acomodation an fire you .Can you identified a posicion in your job that you think you can be accomodated an was available.Your employer could be in violation of de American Disability Act.
If you have a case they will take it any way they will open an investigation

3- If you have restrictions you have a disability.Go to the Social Security an apply
for disability benefits not matter if they will said not.Them get another LAWYER

Also this could be helpul


https://www.myfloridacfo.com/division/wc.../faq.htm#1
Here you will find that you have 30 days under Florida Workers Comp law to report an accident. If you did it after you have not case any way back to point one
 
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