Legal Question in Workers Comp in Florida

My son...who is 19...had a WC case months ago with his knee...his knee seemed better, but now is hurting worse and he feels he needs to have it rechecked...even though he has gone back to work.....Can he still go under the original WC case??

Asked on 10/23/12, 7:08 am

1 Answer from Attorneys

Cory Schnepper Levine, Busch & Schnepper, P.A.

The simple answer to your question is that he can still go under the original WC case, so long as there was no new accident or injury that occurred between when he last saw the doctor, and the present time. If there was a new injury, then the insurance company can claim that the reason for your son wanting to return to the doctor is the new injury, not the original WC injury. There are other defenses that the insurance might raise to deny your son the right to see the doctor again, but whether they are valid or not depends upon a number of medical factors that might also need to be considered. I would try to get back to the doctor, under the original WC case. If there is any problem in doing that, I would consult with an expert attorney who is familiar with the specifics of the Florida workers' compensation law.

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Answered on 10/23/12, 7:17 am

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