+- Workers' Compensation Discussion Forums (http://www.workerscompensation.com/forums/general)
+-- Forum: Category (/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: need help in KY (/showthread.php?tid=8367)
need help in KY - kristyKY - 09-12-2009 08:43 AM
My husband is an electrician, he was in the elevator pit working in April of 2009 and the elevator was turned on by the elevator company and it came down on him and knocked him out. his work told him not to turn it in on work comp and I told him to. he turned it in and they fired him. he has been working with attorneys since then and getting the medical attention he needs. his former employer now has medical records from 2006 that shows a MRI done and they are saying he had pre existing back conditions. I am not familiar with work comp laws or rights but I was wondering if they can deny him for this? although he did have pre existing back issues but he was always able to work and he has never had surgery. since this episode happened he has been deemed unable to work and he is in much pain and being treated with therapy since May.
RE: need help in KY - 1171 - 09-12-2009 10:48 AM
either the claim or some of the benefits can be denied if it is not the work injury that is causing his current problems.
existence of prior similar problems by itself does not allow them to deny the claim but it could lead to a medical opinion that the prior problems are involved.