Work Comp or not Work Comp???

[Guest guest]

Good Morning,

Ok, have a patient who has a previous low back strain that he was seeing me for. He was not taken off work during his recovery which was only about 5 visits. Nearly a month after this he was lifting at work and acquired a similar low back strain that is more debilitating than the last. The HR is trying to say it is pre-existing and not a work injury. Instead of allowing him modified duty they want to take him off and put him on Paid leave.

Any suggestions on a prudent way to proceed with this case??

Thanks,

ph Medlin D.C.

[Guest guest]

Send patient to a good comp attorney. One of the changes which disfavored workers in the late 90’s-early 00’s was raising the bar on causation, so the work injury has to be more of a factor than it would have to be under tort law’s causation rules. If comp denies because of causation, and would have a tort law negligence claim against the employer or coworkers, then the Remedies Clause trumps the comp bar and allows the action to proceed under Smothers v Gresham Transfer. T. Hill, PC520 SW Sixth Avenue, Suite 1250Portland, OR 97204(503) 227-4330chill@...http://www.portlandinjurylaw.com From: [mailto: ] On Behalf Of ph MedlinSent: Thursday, July 21, 2011 8:44 AM Subject: Work Comp or not Work Comp??? Good Morning, Ok, have a patient who has a previous low back strain that he was seeing me for. He was not taken off work during his recovery which was only about 5 visits. Nearly a month after this he was lifting at work and acquired a similar low back strain that is more debilitating than the last. The HR is trying to say it is pre-existing and not a work injury. Instead of allowing him modified duty they want to take him off and put him on Paid leave. Any suggestions on a prudent way to proceed with this case?? Thanks, ph Medlin D.C.