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I was seen by Doc. for impairment rateing was reinjured the next week same area is that concidered a new injury?

Missouri City, TX |

the insurance wants to pay the 5% for the impairment rating and thats all, i explained to them the injury occured after the the doc. visit and seem to me it should be considered a
new case

Attorney Answers 4

Posted

It depends how you reported this injury. What is documented in the medical records will be the key to your case. Were the symptoms different in any way? Anything different about this injury than the other one?
If your answer is no to these questions then you are probably looking at an aggravation of your pre-existing condition vs. a new injury. These cases can be tricky, so consult with a local worker’s comp. attorney.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

You must be able to show a new mechanism of injury causing further harm. The problem with re-injury is often times it is shown that it is no new injury at all. Certainly report the new injury and claim it, but I would seek a doctor's opinion about if further harm or worsening has occurred. Even though it is possible you have a new injury with a new period for disability, if it the same body part on a second claim with the same employer and insurance company, they will be able to seek a credit for any future impairment rating they've paid for permanent impairment for that same body part.

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Posted

It is a new injury.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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Posted

Mr. Markey gave you good advice. Beyond his answer though is the question of what happens if there is no new damage or harm resulting from the new incident. If that is the case, it can still be covered under the first case as a flare-up or exacerbation. This can mean that you need further treatment and have not yet reached maximum medical improvement under the first injury. That would allow for ongoing benefits under the first claim.

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