If you are still under medical care for a previous (well over 90 days) WC injury and the injury was recently exacerbated by another incident, do you have to start at square one as if it is a new injury going through work's panel of physicans?
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Read More Answered By: Terrence Valko |
If an old injury is exacerbated by a new work injury, one must ask whether the new injury is separate and distinct. If the care provider uses the same terminology to describe both, it would seem to relate back. If it is an overcompensation-type injury where you guarded from one malady and that contributed to a new malady, then there is a new injury.
If more time had elapsed, you might have had a higher earnings rate resulting in a higher Average Weekly Wage for Temporary Total Disability purposes. Aggravations of pre-existing injuries are fully compensable, and are often accompanied by a higher resultant WC rate.
If you have higher earnings, consider going through the panel. A panel physician may give evidence helpful to you and which would be harder for the insurance carrier to deny.
You have something of an election to make, depending on the magic words utilized by your doctors. In Phila, call Charles Martin or Jerry Leockey and tell him I sent you there.
Good Luck.
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