wc 2

[Lynn2]

Hi
This is a unique situation for my husband & myself and pretty involved, I will try to keep it short.
My husband had injured his back in 1989. Was on WC & SSD for several years and 3 surgeries. Was able to eventually work after 7-8 years of being disabled, was off of SSD and then after 10 years of working, not pain free or med free of course, we signed off of WC about 3 yrs ago. We were told at that time, if my husband would have any future problems, it would be considered a new injury.

We know have a new injury under WC.
1. Does anyone know if it would be considered "new" according to WC
or is it pre-exisiting? We are afraid this could get sticky and complicated.

2. The insurance company wants my husband to sign a medical record release form, how far back can they go to get records? Will the old case have any bearing on this current injury?

See it is getting complicated already!

Thank you.

[1171]

yes if there has been new or recent event precipitating a need for treatment then it qualifies as a new injury.
many states have apportionment rules when determining permanent impairment-- they only ipay mpairment benefits on the portion of permanent disability that is due to the recent injury. It's different in each state.