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Symptoms from Second Injury Attributed to Prior Injury

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  • 05-28-2006, 08:46 PM
    runner50
    Symptoms from Second Injury Attributed to Prior Injury
    I was injured in New York in 2000. I moved to Florida in 2002. I had
    back surgery and reached Maximum Medical Improvement with a
    Permanent Partial Disability. In New York, in my case, that means I
    do not have to go through any more IME's and receive $300/week as
    well as medical coverage for the duration of the disability-which
    means indefinitely. They, also, have offered to settle. Because of other medical problems, I also receive Social Security Disability (I'm 56 years old). The NY settlement, if I decided to take it, would include a Medicare Set-Aside.

    Since moving to Florida, I have begun working part-time and reinjured my back.
    The insurance carrier here has approved the inital treatments
    including prescriptions, X-Rays, MRI and physical therapy. After the
    MRI results, the doctor has requested epidural injections and more
    physical therapy with the future possibility of surgery. Now the
    carrier is balking saying it is a "preexisting condition" even
    though the injury is a different herniated disc. Can they do this?
    I'm worried they will haggle claiming the NY carrier is responsible
    and I'll be caught in the middle having to suffer indefinitely with
    VERY PAINFUL sciatica.

    If you have ANY suggestions as how moving to Florida affects things
    in a situation like mine, I'd REALLY appreciate a response. This can all be very confusing. I'm
    just looking for a subjecitve opinion from someone impartial-thanks.
  • 05-29-2006, 04:30 PM
    Mr. Knowitall
    Re: Symptoms from Second Injury Attributed to Prior Injury
    If you have an extensive worker's compensation treatment history, as well as a successful application for Social Security Disability, it is safe to say that your medical history and condition are well-documented. If you believe that the medical history establishes that you do not have a pre-existing condition in relation to the new injury, consider getting the help of a worker's compensation lawyer in Florida.
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