Pre-existing Conditions and Workers’ Comp
When an employee is injured at work, often the insurance company will deny the claim for a pre-existing condition. This means that they won’t pay for the medical treatment and weekly benefits. They say it’s because there may have been an injury to that body part in the past. However, that is NOT necessarily the law in Arkansas! What they fail to remember is the employer takes the employee as it finds them. An injury at work that aggravates pre-existing condition is still covered. (Nashville Livestock Comm’n v. Cox, 302 Ark. 69, 787 S.W.2d 664 (1990); Wade v. Mr. C. Cavenaugh’s, 298 Ark. 363, 768 S.W.2d 521 (1989); St. Vincent Infirmary Med. Ctr. v. Brown, 53 Ark. App. 30, 917 S.W.2d 550 (1996); Public Employee Claims Div. V. Tiner, 37 Ark. App. 23, 822 S.W.2d 400 (1992). )
That means the average worker who is injured on the job might still have a claim! Just because they may have had an injury to that body part in the past, does not mean they are not entitled to benefits now. If an insurance adjuster has denied a claim based on a “pre-existing condition,” talk to an attorney now. An attorney can help to ensure that an injured worker receives all the money and medical benefits that the law allows.