It is often necessary for our firm to request additional conditions be added into a BWC or “workers comp” claim. The reason for this is that a claim may not be recognized or allowed for conditions or diagnoses that are a result of the work injury. Not having the correct diagnoses allowed in one’s claim can have serious negative consequences.
Example: Lumbar Sprain Allowance
One of the more commonly seen conditions in an Ohio BWC or work comp claim is that of “lumbar sprain” or “lumbar strain”. Say a construction worker lifts a heavy work instrument and feels a painful “pop” in his low back. He goes to the emergency room or his family doctor. X-rays are taken, no bones are broken and he is diagnosed with a low back or lumbar sprain. The BWC and/or employer then receives records of the accident and “allows” the claim for a lumbar sprain. A few months go by and after a stint of chiropractic care and/or physical therapy, the pain is not going away and is now traveling down his right leg so his physician of record (“POR”) orders an MRI scan of the lumbar spine. The scan shows a right-sided herniation at the L4-5 level.
C86 Motion for Additional Allowance
After the doctor receives the MRI results he then writes a report stating his opinion that the herniation or herniated disc is also a result of the lifting injury (in addition to the sprain). The request or c86 motion is then reviewed by the BWC and/or employer and a decision either allowing or disallowing the requested condition will be made. If the injured worker or employer do not agree with the decision, an appeal may be made and the matter may be heard at the Industrial Commission.
McKenzie & Snyder represents injured workers with BWC claims. Use the form to the right or call 513-737-5180 to schedule a free consultation.
McKenzie & Snyder represents clients from Cincinnati, Colerain, Northside, College Hill, Hamilton, Fairfield, Oxford, West Chester, Mason, Monroe, Lebanon, Mt Healthy, Loveland, Batavia, Milford, Liberty Township, Hamilton County, Butler County, Clermont County, Warren County and more.
Written by Andrew Tobergte