Richmond, TX asked in Workers' Compensation for Texas

Q: Had spinal fusion last year and recently hurt my back at work. Can I get denial turned around?

I had an mri and discography prior to my surgery on my l5/s1. Mri showed no issues with l4/l5. Discography showed very minor ddd but no other issues.

Stormy night at work, power went out and I tripped over small heater. Did not fall. Then on way out side the door blew open and I reached to grab it so it didn't break and that is when I felt the very sharp pain in my back. I still have the pain, along with numbness down leg. and new mri shows a herniation now in l4/l5. Wc just sent denial saying it is preexisting and related to ddd and previous issues. Fyi. Previously not injured, just there from life. Is this something that can be fought or am I wasting my time. I am in pain and just need relief. Need injection and possible surgery. Thanks.

Related Topics:
2 Lawyer Answers
Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Surgery can be very expensive so you can expect a fight from the insurance carrier. You need to either hire a lawyer to help with your claim or ask DWC to appoint an ombudsman to assist you. Good luck.

S. Michael Graham agrees with this answer

S. Michael Graham
PREMIUM
S. Michael Graham
Answered
  • Workers' Compensation Lawyer
  • Dallas, TX
  • Licensed in Texas

A: If I'm understanding you correctly, you had surgery at L5-S1 and before surgery, your MRI showed some ddd at L4-L5 but no herniation. Then after the surgery you had a second MRI revealing a herniation at L4-L5. The problem that I see is that doctors often interpret MRIs differently. You should have the same radiologist review the two MRIs side by side to see if there is any real difference. If there is a marked difference, then you would have some evidence to demonstrate you sustained a new injury. The other issue I see is you don't have a very strong mechanism of injury for causing the second herniation at L4-L5. That is to say, you didn't fall down onto a concrete floor, for example.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.