Question:
I had a back injury back in 2009 that lead me to get a lumbar fusion on 2010. Then I had another surgery in 2011 to remove the hardware because it was hurting me. After the second surgery I have been receiving medical treatment (pain injections, and pain medicine.) On Oct. 2012 I was involved in a car accident that created more pain, not only in my lower back but my upper back and neck. As soon as the insurance from the workers compensation injury noticed my car accident they stopped sending me my checks I was receiving before because of my car accident I was involved in. Can they do that? I live in Illinois and it wasn?t my fault (about the car accident). Thanks for the advice in advance.
Answer: The issue is whether the MVA is legally considered an intervening accident sufficient to break the chain of causal connection to your work accident. This is based on how the accident changed your symptoms, any changes in the doctor?s examination and x-ray/MRI findings. The insurance company stopped your checks so I expect the medical records do indicate that the accident aggravated your condition but there are cases that say that alone is not enough to stop the WC. Your WC may need to proceed to arbitration to get your benefits restarted and unfortunatley, that process could take 6 months or longer if either party appeals.
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