Q: I lost my workers comp case in TX 5 yrs ago. Pain is 1000% worse now. Can I re-open claim?
The carrier claimed my lower back injury was pre-existing & ironically, judge said not enough evidence to show it was an aggravation of prior injury. I have been to 5 physical therapists, chiropractors, ortho doctors & pain is far worse. If this was the simple “strain” the court made it to be, I wouldn’t still be in such pain. My case was denied in 2018. Thank you
A:
Probably not.
Many people develop back problems like degenerative disc disease with age.
Many people remain unaware and without symptoms until they suffer a relatively minor back injury like a sprain.
Once they become aware of the problem, they become very attuned to the condition and aware of symptoms like back pain caused by the preexisting degenerative condition long after the sprain has healed.
Since there was not enough evidence to prove that the sprain aggravated the preexisting condition at the time, it would be extraordinarily difficult to show aggravation now five years later. Any attempt would be precluded by the previous decision rendered much closer to the date of the sprain.
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