Legal Question in Workers Comp in Tennessee

back injury

In April of 1998 I injured my back while on the job.I filed workers compensation and recieved an L4-L5 disc removal and laminectomy in August of 1999.I had already left that company and gone to work for another company.I settled my case in December of 1999 and they closed my future medical.I continued having some problems with my back but I continued working at my present company.In July of 2000 I was transferred to a different machine and my pain got worse day by day.By October of 2000 I could no longer walk on my own and I was in severe pain.I had a MRI Oct.31 of 2000 and it showed the L4-L5 disc was ruptured and I was diagnosed with several things wrong with my back including degenerative disc disease.I was taken out of work by my physician and have been out ever since.I have been drawing temporary disability from my work that runs out this month.I'm pretty sure I can't reopen the original claim because they closed my medical.I'm not sure if I can file on my present employer because I wasn't aware until today that this might be aggravated by my job.The doctor is talking about doing a fusion and placing rods in my back and I'm not sure if I will ever be able to work again or not.


Asked on 4/07/01, 12:51 am

1 Answer from Attorneys
Holland McKinnie T. Holland McKinnie, PC

Re: back injury

Assuming that all future medicals are in fact closed from your first settlement and cannot be reopened (most likely the case), the key to any current compensibility will be if any "injury" occured in your new job. Is your doctor clear and definite in his position that your current work aggrivated the injury, or is there any discernable new injury that occured? You should consult with a competent workers comp attorney to properly analyze your case. If you have further questions, please let me know.

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Answered on 6/07/01, 4:02 pm


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