New York | Workers Comp
Legal Question
my rights
i was injured on the job 5/00 and out of work for 8 weeks with a herniation of my lower back i also complained of left shoulder pain and neck which my doc asked for an mri of both the lower back and shoulder but only the lower back mri was approved by w/c insurine went through p/t for 2 years and had 2 hearings and both times an mri was asked for and denied saying they needed more information on why i needed it. had stopped going to p/t because my back and shoulder felt better. now on 11/03 i hurt my neck and was having pain again in my left shoulder do to work went back to the doctor and finally recievied an mri for my neck and shoulder and was found that i have a large hurniation of the c5-c6 and a slight hurniation of the c4-c5 was refurred to a spinal surgion for a second opiotion and was told that i need a spinal fusion for c5-c6 i will be haveing the surgery on5/12. my question is can i fault the first ins company for not approving the mri my job has a new ins carrier with is covering this even those they stated this should have been handled in 2000 the p/t and surgion say that if i was treated i would'nt be having the problems i have now.do i have a case of neglect from the fist ins company and what are my opitions.


