Many injured workers have disabilities that preexist the date of their work injury
I just returned from a hearing with the Maryland Workers' Compensation Commission, and I want to share something that many attorneys overlook when preparing for the final hearing on permanent injury compensation. Many of those who I represent have preexisting disabilities. Most attorneys who represent disabled workers know that in serious injury cases the WCC will award benefits for preexisting disabilities, including disabilities that are aggravated by the injury and those that are not. But some of these disabilities are overlooked.
Types of preexisting disabilities
The case I had today is a good example. My client had a bad back injury that resulted in her losing her job and suffering a significant physical impairment of her daily activities. In addition she had an obvious difficulty in understanding basic information. I hired a consultant to test her and we found a learning disability. This will likely result in a doubling of the value of the benefits she will receive. Similar cases to this include those where injured workers have worn glasses, had high blood pressure and diabetes.
The key - preparation
The answer to these cases really comes down to preparation, careful, thorough preparation. And the results show the fruits of that work.
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