Workers' compensation, pre-existing conditions, and degenerative disc disease . . . oh my!

By: Angie Zinzilieta, Partner
 
Wendler and Zinzilieta, P.C., recently obtained a six-figure workers’ compensation settlement for a client who suffered from a herniated disc in their low back.
 
The client started their workers’ compensation claim without a lawyer.  The workers’ compensation insurer would not authorize or pay for any medical treatment for the client’s back pain because the insurance company believed the condition was pre-existing.  Insurance companies love to use the term “pre-existing” to avoid paying compensation for which you are rightfully owed.  “Pre-existing” is just a fancy way of saying you had problems with this area of your body before the injury you’re complaining of now.  In the context of a back or spine, you’ll often hear adjustors and defense/company doctors say that you have “degenerative disc disease” which predated the injury you currently have.  A majority of persons over the age of 25 have some “degenerative disc disease” in their backs and spines.  It simply means that your spine is aging.
 
In this case, the insurance company hired multiple “experts” and fought tooth and nail until the end.  We fought back and ultimately secured a win for our client.
 
Don’t let fancy terminology and insurance adjustors make you feel like you don’t have a case.  Trust the team that has dealt with several back injury cases and secured valuable wins for our clients.  Let our team’s experience and expertise work for you.
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