Legal Question in Workers Comp in Virginia
Second injury causing exacerbation of five year old previous injury
Injured while working as a nurse in a hospital, resulted in cervical disc damage, hemilaminectomy on one disc, partial hemilaminectomy another, returned to work. Had to change jobs to less taxing work in nursing, employed 5 years, 2nd injury at work, herniated lumbar disc, pain increased in cervical region after that as well, but was never adressed because onset not immediate as the lumbar disc herniated area was more acute. Cervical pain still exacerbated moreso than before second injury; no monetary settlement was pursued for the cervical injury in 1991.
Are/were the doctors treating me for my lumbar injury supposed to be treating my cervical exacerbation as well? I am under the impression that it is taboo for me to mention the cervical because it is a seperate injury than the lumbar, years apart. What is the law on two seperate injuries when one exacerbates the previous one? Currently recieving wc and ssdb for 7 yrs now, MMI reached 3 yrs ago, no % discussed by wc physician, wc benefits cont.
1 Answer from Attorneys
Re: Second injury causing exacerbation of five year old previous injury
Dear Ms. Nurse:
I understand you had a 1991 cervical injury with no settlement. You now are out work due to a lower back injury. You feel the new injury also aggravated the 1991 injury. If it is more than 2 yrs since the onset of your second injury, it may be too late to add the aggravation of your cervical inj to this claim if it was not added to the claim in the beginning. Call me at 804-358-4766 or 800-256-8862. I have been doing WC for 25 yrs and you have a complicated problem that is not easily dealt with by email.
Gerald G. Lutkenhaus
Richmond, VA
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