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<blockquote data-quote="dannyboy" data-source="post: 97315" data-attributes="member: 484"><p>There is a difference between a flair up and a re-injury. If the doctor says it is a flair up (read re-injury) of an injury that was originally listed as workers comp, then it should either be covered like the old one was, or a new injury report needs to be filed. And if they refuse, then get the information from the doc and get a lawyer. </p><p> </p><p>In the first example with the quack it is the first injury. And he sends you back as a strained back. The the second one says it is something worse and it will take surgery, then that should be treated as a different injury or be covered under the first injury as a misdiagnosis. </p><p> </p><p>The same happened to me. It was diagnosed as a strain for several months. Then after nothing got better, it was re diagnosed as a compound lateral tear. </p><p> </p><p>Now, in that same scenario you painted, you say that "say after two years it has gotten so bad you cant take it any more" you are correct and they would be correct in not paying you comp.</p><p> </p><p>You see, what you dont understand is that you only get comp if there is one moment in one day that causes your problem. If you have that one moment that you can say "I twisted to get the box under the shelf and I heard a pop or felt it tear" then in this case you would have a comp claim.</p><p> </p><p>But if in fact you have a long term problem that just keeps getting worse over time, and one day you decide you cant take it any more, that is not nor has it ever been a comp claim. </p><p> </p><p>There are examples that I know of that do not follow this but for the most part they do.</p><p> </p><p>So you are comparing apples with oranges.</p><p> </p><p>Now my question for you is this. Why would a driver have a back injury that is bothering him for two years not go back to the comp doc and at least get something for the inflammation or pain if it is really bothering him? That way the case stays open, and shows a continuing problem that has not properly healed.</p><p> </p><p>So in this case, if it is a problem that is indeed from the original injury, the driver shot themselves in the foot by not going to the doc for help. But since the problem has steadily gotten worse, he now no longer qualifies for comp.</p><p> </p><p>d</p></blockquote><p></p>
[QUOTE="dannyboy, post: 97315, member: 484"] There is a difference between a flair up and a re-injury. If the doctor says it is a flair up (read re-injury) of an injury that was originally listed as workers comp, then it should either be covered like the old one was, or a new injury report needs to be filed. And if they refuse, then get the information from the doc and get a lawyer. In the first example with the quack it is the first injury. And he sends you back as a strained back. The the second one says it is something worse and it will take surgery, then that should be treated as a different injury or be covered under the first injury as a misdiagnosis. The same happened to me. It was diagnosed as a strain for several months. Then after nothing got better, it was re diagnosed as a compound lateral tear. Now, in that same scenario you painted, you say that "say after two years it has gotten so bad you cant take it any more" you are correct and they would be correct in not paying you comp. You see, what you dont understand is that you only get comp if there is one moment in one day that causes your problem. If you have that one moment that you can say "I twisted to get the box under the shelf and I heard a pop or felt it tear" then in this case you would have a comp claim. But if in fact you have a long term problem that just keeps getting worse over time, and one day you decide you cant take it any more, that is not nor has it ever been a comp claim. There are examples that I know of that do not follow this but for the most part they do. So you are comparing apples with oranges. Now my question for you is this. Why would a driver have a back injury that is bothering him for two years not go back to the comp doc and at least get something for the inflammation or pain if it is really bothering him? That way the case stays open, and shows a continuing problem that has not properly healed. So in this case, if it is a problem that is indeed from the original injury, the driver shot themselves in the foot by not going to the doc for help. But since the problem has steadily gotten worse, he now no longer qualifies for comp. d [/QUOTE]
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