Legal Question in Workers Comp in Ohio

I recently lifted a large keg of beer and twisted in an awkward way. I incurred a rt inguinal hernia and had surgery.

This was a new claim. This lifting of #130 keg has resulted in a re-aggravation of an old claim from 2001.[herniated disc] This was a pre existing condition. Do I seek treatment under my 0ld claim from 2001? I received treatment and pain shots in 2001,but opted not to have surgery. might need back operation now from this re-aggravation of this disc.

Asked on 1/26/11, 5:54 am

1 Answer from Attorneys

Andrew Bainbridge The Bainbridge Firm, LLC

The alleged new incident should be considered as a distinctive injury. Although, the decision will need to be adjudicated before the Industrial Commission of Ohio to clarify the matter. The hearing officer will evaluate the medical evidence and your testimony to determine if in fact it would be considered a new and intervening injury. I hope that this helps!

Andrew Bainbridge


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Answered on 2/08/11, 6:55 am

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