Misrepresentation of previous medical problems

Misrepresentation of previous medical problems

Misrepresentation of previous medical problems: Through the years we have been practicing, our attorneys have had occasion to speak with injured workers who called to complain that their workers compensation claim was being denied because the workers compensation insurance carrier claimed that they had misrepresented a medical condition in their job application. The worker generally argues that the injury they had years and years ago has not bothered them in a long time, but that the job injury they suffered at work not only brought the pain back, but worse pain at that.

At this point we have to explain that per Alabama’s workers compensation statute, any misrepresentation about a preexisting condition or illness which is not honestly responded to may lead to a forfeiture of any workers compensation benefits they would otherwise be entitled to IF certain conditions are met. First, the current medical problem must be the same as the previous injury. If you marked that you never had any back trouble-while in fact 12 years earlier you had back surgery-but you hurt your leg at work, then that misrepresentation would not prevent you from obtaining worker compensation benefits for your leg injury. Secondly, the written questionnaire which the worker is accused of making misrepresentations on must say, in bold print, that “Misrepresentation as to preexisting physical or mental conditions may void your workers’ compensation benefits.” If the document does not contain this phrase, then the defendant cannot rely on any misrepresentation as a complete defense against liability, although they can still argue that your injury is not related to your job accident.

If you work in Alabama, you have suffered a job injury and you have questions about your rights under the Alabama Workers Compensation laws, don’t hesitate to contact the/blog/when-choosing-an-alabama-workers-compensation-attorney-experience-counts/  Alabama Workers Compensation Lawyers at experienced today. We will work hard to help you achieve the best result possible in your case.

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 6 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry

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Misrepresentation of previous medical problems