Disclosure of Previous Claims and Injuries

Barkan Meizlish , May 14, 2015

It is extremely important for an injured worker to be forthcoming and honest about previous injuries and workers compensation claims. Not only can this information affect your medical treatment, but also the ability to participate in the workers’ compensation fund. Recently in Florida, a truck driver who failed to tell his employer and doctor about his prior injuries and Ohio workers compensation claim, was barred from receiving benefits, ruled a Florida Court of Appeals.

The injured worker was an employee of a Wilmington, Ohio-based trucking company, and was involved in two compensable accidents in 2012 (one in January and another in July). As a result of these accidents the employee suffered injuries to his shoulder, neck and low back. The trucking company authorized medical care with several providers prior to receiving records of a previous claim in Ohio, where the employee suffered similar injuries.

The employee argued that because the treating physicians never asked him directly about lower back problems, his claim should not be barred. However, Florida’s 1st District Court of Appeal upheld the decision to deny benefits, holding that “The record contains evidence of multiple instances of (the employee’s) affirmative misrepresentation of his medical history to the authorized medical providers, the (expert medical advisor), and the (judge of compensation claims).” As such, this decision furthers the importance of being forthcoming with employers and medical providers when discussing previous injuries and previous workers’ compensation claims.

Source: http://www.businessinsurance.com/article/20141229/NEWS08/141229913/truck-driver-with-previous-injuries-denied-florida-workers-comp?tags=%7C92%7C304

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