Legal Question in Disability Law in Missouri

My husband had surgery to fuse his spine from T4-L1 following an accident. His employer became disgruntled after learning that their insurance was paying after work comp (happended with a different employer) denied any continuing care. Has been singled out since for the way his light duty was handled, fit for duty testing, etc. They are even wanting him to take physical therapy that was not prescribed and wanting him to sign a release that if he re-injures his back he won't seek work comp. I guess I should mention he is a firefighter. Injury occurred with volunteer department on structure fire.


Asked on 2/26/10, 12:39 pm

1 Answer from Attorneys

Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri attorney that focuses my practice almost exclusively on workers' compensation and personal injury claims, and I handle claims in most parts of the state.

Unfortunately, it is not uncommon to see workers' compensation insurers deny payment for continuing treatment, even when the treatment is medically necessary, and no reasonable doctor would find it prudent to stop the course of treatment. The insurance company for the employer he was working for when he was originally injured has a strong interest in minimizing the amount that is paid for your husband's treatment. There are several reasons that are typically given by insurers for why they are refusing to pay for continuing treatment. Do you know the reason that the workers' compensation insurer is refusing to pay for future treatment? This is an extremely important detail here. Workers' compensation attorneys are experienced at arguing against the termination of benefits, and insuring that injured workers obtain all the benefits that they are entitled to under Missouri law. Your husband is likely entitled to a substantial lump sum settlement as well, referred to as a "permanent partial disability" payment. If you have not had an attorney file a Claim, it should be done immediately, to preserve his rights to obtain a settlement. There are deadlines for filing.

Back injuries, of all types of injuries, most often require future treatment, whether physical therapy, medication, pain management, or injections. An independent medical evaluation should likely be scheduled as soon as possible to have your husband looked at by an independent doctor who routinely reviews injured workers. For your convenience, I can be reached via e-mail at [email protected]. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 3/05/10, 12:06 am


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