Legal Question in Workers Comp in Massachusetts

I settled a WC case and since have reinjured my neck requiring another cervical fusion. After the 2nd surgery, my WC refused to pay any of my doctors, surgery and medications stating that the injury was non-related to the previous one. My surgeoun says otherwise. My lawyer says this could take time. My question is this; how can they deny my medication or doctors when they entered into an agreement when we settled. They are renegging on their part and what can I do about this. It has been going on for 7 months now. Thank you, Denise


Asked on 9/23/10, 6:05 am

1 Answer from Attorneys
John B. Stewart

There must be some reason why you did not return to the lawyer who settled your first WC case. In any event, the second injury is just like the first, you need to establish an injury arising out of and in the course of your employment. You should retain a lawyer who will undertake to file and prove your case. If you win you get medical and wage benefits for the new injury and your lawyer gets paid. The WC lump sum agreement only agreed to pay related medical expenses, and they do not think these are related to original injury. Indeed, they seem to be related to "re-injury" which sounds to me like a separate, second injury. I am really surprised your lawyer who represented you in your lump sum did not explain this in a way you could understand and remember. Good luck with your new claim. Regards, JBS

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Answered on 10/08/10, 5:45 am


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