Disputing the Extent of Injury
Are you frustrated when injured workers seek workers' compensation benefits for unrelated conditions? The Department held an injured worker is not entitled to additional benefits where the cause of the disability was not related to the original injury but is related instead to a new injury. The Department credited our argument that the presence of a low back disc protrusion was not present at the time of the original injury. McNight v. Union Mak Corporation, Case No. 21501038 (April 25, 2019)
Cases concerning the extent of injury are difficult to prove. It is critical to know the medical records, carefully compare imaging reports, and develop a persuasive argument.