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Reaggravation Claim Questions (Seek Advice)

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NickPDX

Junior Member
What is the name of your state (only U.S. law)? Oregon

I filed a workers compensation injury claim in December of 2007 and subsequently had surgery from that claim in May of 2008. I have been having issues with the location of the surgery and decided to have it looked at. I filed a reaggravation claim and begun the process. I returned to the same occupational health Dr that I saw 4+ years ago who determined that there is an issue still present and he told me that he believed it to be related to the original injury. I have an appointment with a surgeon for a consultation to determine what would be the best course of action. With the original claim it went very smooth. I went to the Dr, said it was work related and there was not much fuss about it at all. I remember talking to a few people within the company about it through the process but it was mostly just updating them on the progress. This time I have now had calls from a lawyer "needing to take my statement" and I was schedule an appointment with no prior knowledge to see an IME.

I have absolutely nothing to hide and can't say 100% positive that the current issues are from the original injury but that is why I wanted to see the Doctors so they could decide that. The lawyer calling and the IME appointment have been a little unnerved or something. I am writing on here to make sure that I know my rights around those statements and appointments and also if there is anything that I should be "careful" with around them.

Also, there was never any talk of a settlement or any other financial proposition during the initial claim or the reaggravation.

Thanks for any advice you can offer.
 


W

Willlyjo

Guest
What is the name of your state (only U.S. law)? Oregon

I filed a workers compensation injury claim in December of 2007 and subsequently had surgery from that claim in May of 2008. I have been having issues with the location of the surgery and decided to have it looked at. I filed a reaggravation claim and begun the process. I returned to the same occupational health Dr that I saw 4+ years ago who determined that there is an issue still present and he told me that he believed it to be related to the original injury. I have an appointment with a surgeon for a consultation to determine what would be the best course of action. With the original claim it went very smooth. I went to the Dr, said it was work related and there was not much fuss about it at all. I remember talking to a few people within the company about it through the process but it was mostly just updating them on the progress. This time I have now had calls from a lawyer "needing to take my statement" and I was schedule an appointment with no prior knowledge to see an IME.

I have absolutely nothing to hide and can't say 100% positive that the current issues are from the original injury but that is why I wanted to see the Doctors so they could decide that. The lawyer calling and the IME appointment have been a little unnerved or something. I am writing on here to make sure that I know my rights around those statements and appointments and also if there is anything that I should be "careful" with around them.

Also, there was never any talk of a settlement or any other financial proposition during the initial claim or the reaggravation.

Thanks for any advice you can offer.
You certainly have a right to file a Worker's Comp. claim if it concerns a "reaggravation" of a previous injury. Your previous Doctor indicated your aggravation to be related to your original injury so you have rights that cannot be taken from you here.

As far as a settlement concerning your initial claim, you should have received PD payments if your initial injury resulted in any permanent condition. If you didn't receive PD payments for such permanent condition, you need to look into it, so you can get what is due you.

Once you begin settlement talks concerning your injury, you should keep the life time future medical that is available. You definitely should not accept a Compromise and Release for this injury as it seems like it will be troubling you throughout in the future.
 

Ladyback1

Senior Member
As a former Work Comp adjuster I will say:
The IME is exactly what I would do when someone claimed an aggravation or re-injury

And if the insurance company has fired up an attorney, I would recommend you to do the same thing.

However, you didn't say if : 1) you work for the same company or a new/different company, or 2) how you re-injured/aggravated the injury.

Some states those things are key.
A lot of states have a "last injurious exposure" law. Basically what that means is: if you were deemed at max. healing, returned to work w/ or w/o restrictions, and went to work for a new employer, then then the new employer is liable for the aggravation.

And as to the how you reinjured/aggravated: A good attorney/work comp adjuster can (an will argue) that if not for your own actions you would not have sustained a reinjury or aggravation. (and if that is their argument they are setting up a dispute so that they can settle your claim full and final I suspect)
 

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