Recently, I have done several posts on pre-existing conditions and work injuries. I’ve done so because pre-existing conditions are a common thread in many workers compensation denials. However, again, the fact a pre-existing condition exists IS NOT a bar to workers compensation benefits when an injury occurs on the job.
I recently won workers compensation benefits for a Carlisle area truck driver. My client was injured while loading product on a truck. He injured his shoulder. His employer and the workers compensation insurance carrier denied him benefits because he had a previous shoulder injury at another job that resulted in a partial shoulder replacement. In fact, he had just settled his first work injury claim five months prior to this injury.
We were able to convince the Workers Compensation Judge that he fully recovered from his prior injury, that he had moved on to a new job and had experienced no shoulder problems, and that the new injury, changed the condition of his shoulder which caused him to be unable to work. Eventually, he had his partial shoulder replacement converted to a total shoulder replacement. By winning his case and having his claim petition granted, my client will and has received wage loss benefits back to the date of injury and ongoing, and that his medical bills, including the cost of the total shoulder replacement surgery, are to be paid by the workers compensation insurance carrier.
The important point here is this — if you have a pre-existing condition, if you had a prior injury — and you experience a new work injury which is then denied, you can fight and win benefits. Call Mooney & Associates today for a FREE CONSULTATION to discuss your case. We have 16 offices scattered throughout Central Pennsylvania, for your convenience. Call us at 717-200-HELP or 1-877-632-4656.
