TYPES OF PRE-EXISTED INJURIES MAY BE INCLUDED

There are no requirements as to the origin of the pre-existing (labor disabling) disability. The pre-existing disabilities can rise from whatever source industrial or nonindustrial, including:

  • Congenital
  • Developmental
  • Disease
  • Prior injury
  • War injury
  • Non-industrial injuries
  • Prior industrial disabilities
  • Learning Disabilities
  • Obesity
  • Sleep apnea
  • Tobacco and substance usage
  • Past medication usage
  • Psychiatric history
  • Asthma
  • Dementia
  • Diabetes
  • Heart disease
  • Hypertension
  • Spine disorders
  • Hepatitis

Ratable labor disabling disability had to exist (not just the medical condition) prior to industrial disability.

You may have had a condition that was not perceived as labor disabling but your physician must consider whether the preexisting condition, whether known (i.e., diabetes hypertension, heart disease, etc.) or unknown (congenital spinal stenosis etc.) was disabling but not realized as such.

There must be a medical evidence (proof) that there was prior actual pre-existing “affect” (i.e., labor disabling disability- not just a present condition) and you will need medical proof that the disabling effect had continued (“Cured” conditions do not count).
For example, you have a preexisting diabetes, heart disease or spinal stenosis you may have had a job congenial to that condition but you may have had an unrecognized disability.

The existence of a non-disabling pathological condition (i.e., degenerative disease) is not sufficient to justify entitlement to SIF benefits – unless it was labor disabling.

Progression of the pre-existing disability doesn’t count-it must have been labor disabling prior to the subsequent industrial injury.

Self-imposed restrictions (prophylactic work restriction) if legitimate from a medical standpoint, they may signify prior labor disablement.

Contact Rawa Law Group APC for more information at the following number 866-200-1212 or visit us at the following website http://www.zrawa.com, to setup a time to discuss your case. We can help you.

If your Workers Compensation claim is settled and you believe that you have a (SIBTF) Subsequent Injury Fund Claim,

Contact Rawa Law Group at 877-200-1212