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Workers Compensation Arthritis & Degeneration

Workers Compensation Arthritis and Degeneration

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Workers Compensation Arthritis and Degeneration

Injuries result in arthritis and degeneration.  Arthritis and degeneration develops over time and doctors often indicate that it can set in at an early age.  What this means for the injured worker is that the defense in any workers compensation case can often use arthritis and degeneration as an explanation for pain at the site of an injured body part.  In fact a large percentage of workers compensation cases involve some argument that the pain the injured worker is experiencing is based on arthritis and degeneration and not the incident in question.  Arthritis and Degeneration in workers compensation will often be the scapegoat for insurance companies, however the injured worker does not have to accept this argument!

In workers compensation arthritis and degeneration may come up as their defense.   You can speak with Maryland workers compensation attorney Andrew M. Rodabaugh for a FREE consultation   Call Click to email  or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

“I had no prior complaints but workers compensation blames arthritis and degeneration.  How can this be?”

Sound Familiar?  This is the most common defense insurance companies use.  Sometimes it is successful and other times not.  But this argument is made, I estimate, at least once a day at every workers compensation hearing location in the state of Maryland.  Not only do insurers use it to avoid paying for medical treatment, but it is used to stop lost wage payments, avoid surgery liability, and to avoid settlement.  Common sense tells us all that arthritis and degeneration in workers compensation shouldn’t matter  if there was no pain in the particular part of the body prior to the accident, but now their is pain.!  Unfortunately common sense does not get the injured worker where they need to be legally.  Obtaining an attorney can increase chances of winning the treatment sought and the compensation owed and a fee is only paid if money is recovered!

I had no prior complaints so how can arthritis and degeneration in workers comp matter?

Workers comp will come up with any argument possible to prevent the injured worker from seeking out and obtaining continuing medical treatment.  Most often when it is a question of medical treatment it will be argued that arthritis and degeneration is causing the injured workers physical complaints.  From the very beginning of the claim the adjusters may review the medical records looking for mention of previous problems with the injured body part blaiming the need for workers compensation on arthritis and degeneration.  Often, a single complaint from many years prior to the accident can lead the Maryland workers comp to start denying treatment.

In an effort to bolster their argument the adjuster will schedule an independent medical evaluation (IME) with a doctor of their choosing.  The IME doctor may review prior medical records, mention findings in their report, and subsequently issue an expert opinion indicating that the need for treatment is not causally related to the work accident.  The IME doctor often indicates that the problems the injured worker is having is because of arthritis and degeneration, not the workers compensation accident.

When the IME report is issued treatment authorization may come to a complete halt leaving the injured worker confused and upset.  The injured Maryland worker can be certain they had no problems with the injured body part prior to the accident, they may have been performing their job duties with no complaints and high productivity.  But unfortunately without a hearing before the workers comp commission the treatment is not likely to be authorized because workers compensation blames arthritis and degeneration.

Most often to prevail at a hearing the injured worker will need to provide adequate evidence to overcome the insurance companies IME.  The need for medical treatment and how the diagnostics relate to that need is a complex medical question for an expert in the field of medicine.  That means the evidence the injured worker needs should come from a qualified physician.  The physician would need to explain workers compensation arthritis and degeneration on paper.

Is the workers compensation arthritis and degeneration argument effective in denying the injured worker treatment?

Unfortunately, those injured on the job in Maryland are susceptible to the workers compensation arthritis and degeneration argument and do occasionally lose the right to medical treatment because of pre-existing conditions.  And, unfortunately most people have some degree of arthritis or degeneration in their joints.  Whether or not the presence of arthritis will be a determining factor depend on a number of factors.  If there is a diagnostic image performed that shows findings in addition to arthritis then the chances of the workers compensation arthritis and degeneration argument worker is minimized.  An MRI that reveals arthritis, but also ligament tears or fractured bones will bolster the injured Maryland workers’ case and weaken the workers compensation arthritis and degeneration argument.  Likewise, if there is a comparison diagnostic test that was performed prior to the workers compensation accident that show an absence of the injury then the case is bolstered.  Most importantly, if you the injured worker can testify that you did not have complaints prior to the accident then your case will be strengthened.  If all of the above arguments can be made then the workers compensation arthritis and degeneration argument will likely be overcome.

When the insurance company is arguing arthritis and degeneration it is time to contact an attorney.  Maryland Workers Compensation Attorneys always worker on a contingency basis meaning they do not get paid until they recover money for you.

If there was prior medical treatment for the arthritis then the injured worker will have an uphill battle however they are not necessarily going to lose to the the workers compensation arthritis and degeneration argument.  A prior surgery of over ten years old will not damage the case as much as a recent surgery to the affected body part.  The ultimate deciding factor will be the Workers Compensation Commissioner assigned to the hearing for the injured workers case.  Likewise, a Maryland workers compensation attorney that is qualified and experienced can help the hurt employee by making relevant and precise arguments at the time of the hearing.

Don’t let the workers compensation arthritis and degeneration argument prevail

On a regular basis workers compensation insurers are using the argument that those injured at work are having the issues they are because of arthritis or degeneration that was already present at the time of the work place accident.  Injured Maryland workers should be aware of this strategy and prepare for argument against the workers compensation arthritis and degeneration scapegoat.  A Maryland workers compensation attorney can help the injured worker avoid being denied medical treatment because of this overused defense of a “pre-existing” condition.

In workers compensation arthritis and degeneration may come up as their defense.   You can speak with Maryland workers compensation attorney Andrew M. Rodabaugh for a FREE consultation   Call Click to email  or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

 

I endorse this lawyer.  Mr. Rodabaugh provides accurate answers that reflect the type of representation that he is able to provide.
Francis YWrongful Death Attorney

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Workers Compensation Arthritis and Degeneration Argument
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Workers Compensation Arthritis and Degeneration Argument
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The workers compensation arthritis and degeneration argument is all to often used to prevent the injured worker from getting medical treatment. Mr. Rodabaugh has successfully argued against this in many cases.
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Work Injury Maryland
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