Neck surgery won on 11-year old injury

Workers Compensation Case
The employee suffered a work injury to his neck when lifting heavy pipe at work. He had neck surgery in July 2005 that work comp approved. Unfortunately, his symptoms returned and he had another neck surgery in April 2007 that work comp also approved. Thereafter, he did reasonably well but in 2013 his neck symptoms gradually returned. This time, work comp denied stating that the surgery was now due to the employees age, and not the original injury. Before trial, work comp added to it's denial, saying that if the judge found the surgery was reasonable and necessary, it was because of the employee's new job and not the old job he hurt himself in. Norbert Cuellar went to work comp court and recently won that the employee did need the surgery, that it wasn't because he was simply "getting old", and that it wasn't from his new job (which greatly relieved the employee's new boss.)

Neck surgery won on 11-year old injury

Moral of the Story
Even if you quit your old job where you originally had the injury, the old work comp claim may still be still responsible for your new medical care so you don't have to file a new claim with your new employer.

Previous
Previous

It's never "too late" to win!

Next
Next

Sacroiliac fusion surgery that "wasn't related" won in court