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My neck injured at work last year. I claimed and got surgery. Workers comp says my injury was not work related after 1 year.

Dallas, TX |

Last year My neck got injured at work, I claimed and workers comp took care of every thing. But now after 1 year I've received a mail from them that says: My injury was not work related and it was pre-existing condition. I was working on computer for hours while my desk was not good for me,(Company did evaluate that and confirmed it) . They did not say anything else. What does this mean and what I should do?

Attorney Answers 2


In Texas, workers' comp insurance companies can do that---doesn't mean it's right or ethical,--- but they do it in some cases. If they initially accepted your case then denied it, I would call the adjuster and ask why they denied it, perhaps through "newly discovered" information,? If you're still in need of medical care to your neck, you would have to fight this through the Division of Workers' Compensation (DWC). As such, call the DWC at (214) 350-9299 or call a local attorney for assistance, such as attorney Kay Goggin at 972-437-1965 or attorney Matt Lewis at 972-644-1111. Good luck.

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I dont need more medical at least now. But I dont know about future. In the previous mail from them, they said they will take care of any other related issue if it happen. But in this mail they said they will not do that as well. Could it mean I should pay them my surgery expenses?

George Pablo Escobedo

George Pablo Escobedo


I don't think you would have to reimburse them for the surgery that they've already paid. Generally, the Carrier is responsible up through the date of them filing the dispute. If you want, you can fax me the dispute letter you received and I'd be happy to look at and give you my thoughts on it (free of course). My fax is 210-222-1480 or you can also email it to me at:


Contact a TX work comp attorney without delay. In my state (NV) comp insurers can be equitably estopped from raising this issue subsequent to acceptance. Discuss with a TX attorney to ascertain what can be done to fight back.

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