Herniated Cervical Discs – Workers Comp Hardship Awarded for Client

Your employer, along with the insurance carrier, will look for any reason to deny a costly workers’ compensation claim. Do not be bullied into paying out-of-pocket medical expenses for a work injury.

In a recent case, an employee was hired by a company to be an over-the-road truck driver. During the course of his employment, he was cranking trailer gear for a 40,000 lb. tractor-trailer when the gear kicked back and threw him into the air. As a result, he suffered two herniated cervical discs, and surgery was recommended.

The urgent care doctor and the surgeon prescribed him steroids which caused steroid-induced hyperglycemia (high blood sugar). Therefore, he could not have surgery until his blood sugar issue was resolved.

The employer’s doctor opined that the employee had undiagnosed, pre-existing diabetes temporarily exacerbated by the Prednisone treatments. At this point, the employer refused to treat the employee, alleging that it was a pre-existing condition.

The employer then reduced his weekly check, TTD, alleging that the employee refused “transitional duty.” The employee then obtained a medical expert and filed for a hardship.

The Case Result

The judge proceeding over his case awarded back all of the TTD, temporary total disability, and for TTD to continue to be paid in the future until MMI, maximum medical improvement. He also received medical care to treat his blood sugar issue and then surgery once the blood sugar was under control.

What is a Hardship Hearing?

A hardship hearing is requested by the employee and is used when the compensation claim has been denied while treatment for the work injury is still ongoing. This is typically used when an employer refused to pay for an expensive procedure that the treating physician has recommended.

The judge proceeding over the case will decide after hearing the evidence on that portion of the case alone. However, the claim remains open until the final hearing is requested.

Workers Comp Claim Denied?

If you have been injured at work and your employer has denied your claim for any reason, contact the Law Office of James M. Hoffmann. Your employer, along with the insurance carrier, will look for any reason to deny a costly workers’ compensation claim. Do not be bullied into paying out-of-pocket medical expenses for a work injury.