Pre -Existing Conditions.

I live in Michigan.
I was working two full time jobs,one at a metal stamping plant.
I injured my back at work,and went to the Industrial Clinic,as i was told to.The Clinic Physician,told me, that i merely had a back strain,and sent me back to work,on light duties.My employer had no such thing as light duties,and sent me home.
I was in severe pain,and made an immediate appointment,with my PCP.He suspected a ruptured disc,and wanted to schedule me for an EMG and a MRI.I was told ,that i needed to get a Permission to Treat Authorisation,from my employer,via their insurance carrier.I was then told,that i had had NO right,to consult my PCP,for up to 10 days following the injury.My employer had NEVER informed of this fact,as when i started my employment,i was NOT given an employee handbook,advising me of my rights.
So consequently i paid for medication,and tests ordered by my PCP,through my insurance with my second job.
My PCP put me on total bed rest.
At all times,i kept BOTH my employers fully aware of my medical status.
At this time, i filed a claim for Dual Employment with Workers Compensation.
The company insurance carrier,then sent me to an Independent Medical Examiner,who only took a history,x-rays and tested my reflexes.
His report states that i have a degenerative and congenital problem,and that he was authorisisng a full medical release,with NO restrictions whatsoever.
My PCP,however,after seeing the results of my EMG and MRI,states,that i have two bulging discs,and early nerve impairment in my left upper leg.
The insurance carrier,is saying however,that as i had a pre-existing
condition[of which i was TOTALLY uaware],and further, that they did NOT consider my injury work related,that i was NOT entitled to one thin dime!!!!!
I have been off work now,from both employers for five weeks,as my PCP is not willing to release me back to work.
The insurance carrier has sent me a Notice of Dispute,and my workers comp attorney has filed for a hearing,and i,m still waiting for a date.
Is Workers Comp liable,if a pre-existing condition[of which i was TOTALLY unaware]is aggravated by the nature of my work???????
Are there any other benefits,to which i,m entitled at this time,as i,,m broke,with NO income whatsoever,and sole support of my family?????

Pre-exiting

You need to see a lawyer. Check in your area for a lawyer that gives a free consoltation. Call more than one.

Got Fired!!!!!!!!

I have now ben told by my employer[Metal Stamping,and where my injury occured,that since i didn,t retun to work, on my PCP,s advice,which went against their Indepedent Doctors advice,i am being treated as a voluntary quit, and subsequently have had my employment terminated.Is this legal???????

navydoc3 said:

I live in Michigan.
I was working two full time jobs,one at a metal stamping plant.
I injured my back at work,and went to the Industrial Clinic,as i was told to.The Clinic Physician,told me, that i merely had a back strain,and sent me back to work,on light duties.My employer had no such thing as light duties,and sent me home.
I was in severe pain,and made an immediate appointment,with my PCP.He suspected a ruptured disc,and wanted to schedule me for an EMG and a MRI.I was told ,that i needed to get a Permission to Treat Authorisation,from my employer,via their insurance carrier.I was then told,that i had had NO right,to consult my PCP,for up to 10 days following the injury.My employer had NEVER informed of this fact,as when i started my employment,i was NOT given an employee handbook,advising me of my rights.
So consequently i paid for medication,and tests ordered by my PCP,through my insurance with my second job.
My PCP put me on total bed rest.
At all times,i kept BOTH my employers fully aware of my medical status.
At this time, i filed a claim for Dual Employment with Workers Compensation.
The company insurance carrier,then sent me to an Independent Medical Examiner,who only took a history,x-rays and tested my reflexes.
His report states that i have a degenerative and congenital problem,and that he was authorisisng a full medical release,with NO restrictions whatsoever.
My PCP,however,after seeing the results of my EMG and MRI,states,that i have two bulging discs,and early nerve impairment in my left upper leg.
The insurance carrier,is saying however,that as i had a pre-existing
condition[of which i was TOTALLY uaware],and further, that they did NOT consider my injury work related,that i was NOT entitled to one thin dime!!!!!
I have been off work now,from both employers for five weeks,as my PCP is not willing to release me back to work.
The insurance carrier has sent me a Notice of Dispute,and my workers comp attorney has filed for a hearing,and i,m still waiting for a date.
Is Workers Comp liable,if a pre-existing condition[of which i was TOTALLY unaware]is aggravated by the nature of my work???????
Are there any other benefits,to which i,m entitled at this time,as i,,m broke,with NO income whatsoever,and sole support of my family?????

Click to expand...

I cannot stress this to you enough... FIND AN ATTORNEY!!!
You have done right by not believing the company doctors. Now find an attorney to get you your lost wages and fight the Carrier and WCC for you.

I've been there

I was in your position a little over a year ago...I hurt my back at work and after working on light duty for 2 mths, x-rays and mri's were ordered....I was then sent to the company back specialist who informed me that I have a stress fracture in the lower part of my spine, it will never heal, all I can do is prevent it from getting worse, and oh yeah, by the way, he said it was congenital....what a joke....I knew right then that I was in for a fight. I was only 22 yrs old...had always been very active in sports, and had never had any back problems. I consulted a lawyer who let me know that in the state of TN that even if it was congenital, it was not symptamatic until I was doing that particular job, so it was still covered under w/c laws. I got a second opinion from the doctor of my choice and gave it to the company, they didn't care what the other doctor had to say, they denied my claim and sent me out on FMLA/short term disability and when that time ran out, they let me go due to a congenital condition....In the long run, I won in court. They had to pay me for lost time that was unpaid, money for my permanent disability on my back, and all of the medical bills. I didn't get my job back, and I didn't get future meds, but at least I stood up for myself which was something they didn't think that I would do. I wish the whole thing would never have happened, but it made me a stronger person and I now have a job better than that one anyway. I wish you the best of luck, and definitely get a lawyer to help you. You can't do anything by yourself. Be prepared for a bumpy ride, but do whatever you can to hang on. Don't let them get the best of you.
Sorry that I made this so long.

re:been there

Do you have any short term disability insurance? You might also want to check into Unemployment...even though they say that you quit, you can petition for benefits due to the circumstances....Another option is Temporary Total Disability....check into some of those....but really a lawyer will be able to tell you exactly what to do and what your state says you can do.

it happened to me too!

I was working at a job in Texas unloading trucks. Heavy lifting, pulling and bending constantly. My back started hurting quite often, so I went to the doctor on my own. I never filed for WC, so when the doctor told me I had a congenitive disorder to my spine which required me to take shots into my spine three times a week, I took a personal leave from work. After the 12 weeks I was off, my doctor still would not release me to go back to work so I was terminated from my job, losing all benefits and seniority. The injury may have been pre-exiting, but I never knew about it, until I went to the doctor. But the job I was doing at the time is what started my pain in the first place, but they still said it wasn't their fault. I was re- hired at the same job, same rate of pay, and even the same days off, three months after they terminated me, but I never did receive any lost wages or anything after that for my injury. So I hope you have better luck than I did. I may could have fought for my rights, but I was unaware of the laws in Texas at the time, so I never did anything about it. Don't let them get the better of you, and Fight for your rights.