Legal Question in Workers Comp in Michigan
Denied because of Pre-excisting injury that I don't have
Fell at work, hurt knee, hand and back. They finally did an MRI, said I had degenerative disc and bulging disk. Then about a week or 2 later my comp doctor took me off WC, said my regular doctor should take over. I was not sure what he meant until I got home and got a phone call from the ins. lady, telling me they would not cover me because of a pre-exsisting condition. I asked what that meant, She said according to the records from my doctor he had an MRI taken 3 months ago of my back, and he was treating me for it.I told her my doctor had never treated me for any back injury, or condition. She said he must have. She did not know for sure what he treated me for. He has never treated me for a back problem. 2 months later I had to return to work in pain, and they have yet to pay me any money. I did fall and hurt my back at work, with a witness. What can I do. I have asked for a form to appeal this. What can I expect, and what do I need to do?
2 Answers from Attorneys
Re: Denied because of Pre-excisting injury that I don't have
The facts as you describe them indicate that you may very well be entitled to wage and medical benefits. please call me at my office and I will be happy to discuss your interesting claim with you in detail. bruce weider 1-800-585-8181 or 734-485-0535.
Re: Denied because of Pre-excisting injury that I don't have
You have to file a petition ith the workers compensation bureau to gt a hearing on the issue. You should do this through an experienced workers comp lawyer. The fee is a small contingency so you do not have to pay anything out of your pocket. However, if push comes to shove, and you have to take your doctor's deposition, he will charge a fiarly substantial amount (normally $500 minimum plus the cost o f the court reporter). Since you are back to work and you are dealing with a limited period of disability (even though working in pain), the prospective damages may be insufficient to merit a lawyer laying out those costs and down the road, you may be asked to advance the doctor's costs. A solution may be to ask for mediation in your initial petition, which is a process to aid in settling smaller cases. This mediation box can be checked in the initial petition. I must emphasize to obtain the services of an experienced comp lawyer, not someone who just dabbles in it. Feel free to give me a call. I have 28 years experience, am a member of the Workers Compensation Section of the bar and a former adjunct member of the Workers Compensation Appeal Board. William S. Stern 248-353-9400
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