Q: Can my job not offer me some type of severance at all?
I was injured on 11/17/14 while on the job. I had a very small bulging disc in my L4,L5. At the time all I needed was a small surgery to shave off the small bulge. I was cleared to return to work on 04/26/15 and on 6/10/15 I re-injured my lower back which then required surgery. I recently had lower back surgery on 03/04/16 and months after I was still having pain. I had to go back to seeing a pain specialist which I scheduled a month in advance. On 07/15/16 I was rear ended by a heavy duty truck carrying a bulldozer while sitting still in traffic. On 9/21/16 my Workers Compensation benefits were suspended and the WC adjuster claimed that my back pain is now associated from the car accident and not the surgery. Can they do this to me knowing that the accident isn't the cause of my pain?
A: They can certainly try to do it, but if I were you I would not stand for it. The IC must prove your disability is solely caused by the intervening accident, a very difficult burden. Did you make a new claim on the new injury? (I hope). As you probably know TIBs typically stop after 104 weeks (2 years) but you should be awarded IIBs for your impairment. Speak with a good wc lawyer asap because your 3rd party case will be affected as well. Good luck.
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