Legal Question in Workers Comp in Virginia

What can I do?

I was injured at work which seems like i may have aggravated a previous injury at the same company. I was sent to the company dr 3 times and was never sent for x-rays or anything i was only poked and prodded ONCE. was then reffered to PT and he said my back was pretty messed up and can only be from the act i described when i got hurt.somehow WC is denying the claim because of the report the company dr gave.I did hurt myself and am in pretty bad pain and i have witnesses. I have since been put on leave and cannot go back until my dr clears me which is the 2nd part of my question.My doctor had approved me for inter. FMLA and for a year i called out of work and went to him for excuses.yesterday he REFUSED the excuse and now im out of a job meaning i cant apply for my short term dis.can he do that? i am up the creek now without a paddle what do i do?


Asked on 10/19/05, 6:07 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: What can I do?

Dear Sir:

I understand you suffered an injury at work. You think you aggravated a prior back injury. However, you indicated the workers compensation insurance company is denying the claim based on a report from their doctor. You would need to obtain the report in order to determine what the problem is. Unfortunately, this is a medical issue. Whether or not your current back problems are caused by that injury depends upon the statement about causation the doctor put in his reports. You have two (2) years from the date of your accident to file a claim with the Virginia Workers Compensation Commission. Ultimately, you would need a report saying your accident did "cause" your current medical problems and disability with your back.

Gerald G. Lutkenhaus

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Answered on 10/20/05, 12:23 pm


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