Yet another reason why we do what we do. Case set for mediation today that had been pending for several weeks. Client injured his shoulder at work last fall and required extensive medical care. His medical care and weekly benefits have been paid by the workers’ compensation carrier for the last six (6) months. Client was set to have surgery next week and had been called yesterday by the workers’ compensation carrier that surgery was approved and set up for next week.
Today at mediation the attorney for the employer informs us that the employer believes now that this is a preexisting condition and that they should not have to pay anything further. The medical notes by the doctor clearly state that this is an exacerbation of a pre-existing condition, which is in line with what the law says is a compensable claim. Nonetheless, the employer has drawn its line in the sand and denied the claim. Now my client is forced to file a lawsuit to seek medical benefits. Medical treatment will now be delayed by three (3) to four (4) months. The system stinks, but we’re just trying to do the best we can for our clients.