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Workers' Compensation: The IC ruled that the employer, who willingly paid the medical claim and workers comp for the employee's foot injury, must also pay for pain management because this injury aggravated the employee's pre-existing fibromyalgia and hypertension and was now considered a chronic condition. Although it is tough to win these claims we can usually do it if we the treating physician will agree that the pre-existing condition is worse now than it was and that this change is due to the worker's comp accident.

When our client, a long-time employee for a dentist, was out of town at a medical conference, she fell because of a hole in the sidewalk and fractured a bone in her foot.  The group was on its way to a restaurant but because this conference was a work-related event, she received workers' compensation benefits.  This foot injury made other health problems worse for her.  We convinced the Industrial Commission that the employer should be responsible for pain management medical payments so that our client could learn to deal with her health concerns. The problem was that the treating physician that our client really wanted as a doctor did not accept workers' compensation. It is important to realize that the Industrial Commission cannot force a doctor to take a workers' compensation patient.

Click to read the Industrial Commission decision.  User name is "public" and there is no password.

Read More About Workers' Compensation: The IC ruled that the employer, who willingly paid the medical claim and workers comp for the employee's foot injury, must also pay for pain management because this injury aggravated the employee's pre-existing fibromyalgia and hypertension and was now considered a chronic condition. Although it is tough to win these claims we can usually do it if we the treating physician will agree that the pre-existing condition is worse now than it was and that this change is due to the worker's comp accident....

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FAQs

Workers' Compensation

What's the definition of Average Weekly Wage?

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Case Studies

Workers' Compensation

What Can Go Wrong with a Return to Light Duty Work.

How a Functional Capacities Evaluation Can Wreck a Claim.

An Example of a Workers' Comp Adjuster Manipulating the Recorded Statement.

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