Additional Conditions in a Ohio BWC Claim

Requesting Additional Diagnoses

It is often necessary for our firm to request additional conditions be added into a BWC or “workers comp” claim. This is because a claim may not be recognized or allowed for conditions or diagnoses that result from the work injury.

Not having the correct diagnoses allowed in one’s claim can have serious negative consequences.

Initial Injury vs. Evolving Conditions

One of the more commonly seen conditions in an Ohio BWC or work comp claim is that of “lumbar sprain” or “lumbar strain”. Consider a construction worker who 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.

When a Sprain Becomes a Herniation

Some injuries reveal their full impact over time. What starts as a sprain may later be diagnosed as something far more serious.

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.

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.

Filing a C-86 Motion

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.

Appealing a Denied Request

If the injured worker or employer does not agree with the decision, an appeal may be made. The matter may then be heard at the Ohio Industrial Commission.

Free Consultation for BWC Claims

McKenzie & Snyder represents injured workers with BWC claims. Use the form to the right or call (513) 737-5180 to schedule a free consultation.

Serving All Of Ohio

McKenzie & Snyder LLP represents injured workers and accident victims statewide — all 88 Ohio counties. Our Hamilton office is the base we work from, and rural families and small-town Ohioans are who we serve.

Communities We Help

• Hamilton
• Middletown
• Oxford
• Trenton
• Fairfield
• Cincinnati
• Dayton
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Counties We Serve

• Butler County
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• Clermont County
• Wyandot County
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• Scioto County
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• Ross County
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Injured somewhere else in Ohio? We take cases statewide.