Legal Question in Workers Comp in Texas

pre-exsisting condition

i've worked for the city for almost 3 years, and hurt my back at work. w/c will only cover one disc in my back due to DDD. one disc is torn ,one herniated. they are going to cover the herniated one but not the torn one. are they right in doing so? also, they recognize the herniated disc as job related injurry, but are denying sergury. have bad back pain and weekness in leggs with occasional numbness down right leg. help!


Asked on 2/27/09, 5:18 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: pre-exsisting condition

ifyou do not have a lawyer, get one..most claimants lose their rights by waiting to get a lawyer

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Answered on 3/01/09, 3:51 pm
Matthew Lewis Booker & Lewis, P.C.

Re: pre-exsisting condition

If your doctor believes that the disc with the tear was something caused or aggravated by the work incident, then work comp should be paying for treatment at that level. The surgery is a question of medical necessity. There is a dispute process to get the surgery approved. You may contact me for help with that. Additional info is available at www.dallasworkcomp.com

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Answered on 2/27/09, 11:08 pm


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