Secondary Service-connected Disabilities And Va Claims

[39mto39g]

Gimp, You --------------- ?

What 1Cav was trying to do was get long term disability from his work. Not workers comp. If he was injured while at work, workers comp would apply. Long term disability at his work does not apply unless the injury was from his work, There different. If you start any job with an existing injury the company is not going to give you disability for that injury, or pay any medical related to that injury.

In the first post you made, the guy was injured at work, so workers comp applies, even if he was also injured somewhere else. There are only two things that workers comp does not pay while at work, 1. acts of nature, and 2. horse play.



And Doc 2/47, It doesn't make any difference if you a vet or not when applying for a job with a disability. If you have a disability the company is not going to pay for anything that happens to you because of the disability or they just don't hire you.
You can't go to GM with one arm and get hired only to file for disability because you only have one arm. The disability is not GMs responcibility.

[Gimpy]

I never said that workers comp DIDN'T apply, did I?

You were the one who said......."or, blame it on the VA".

The individual in question is eligible for BOTH if his state and all rules of employment have been met.

Why does it appear you want to discourage or deny a veteran his rightful due?

[39mto39g]

Gimp
I never said you said workers comp didn't apply, did I?

No, "individual in question is eligible for BOTH " not correct, Unless the individual lied on his job application and said no previous medical conditions.


You said "Why does it appear you want to discourage or deny a veteran his rightful due"
Why are you telling me what I think?
The veteran and his "rightful due" are there and its not for me or you to do anything for or against that right.
If he was injured in the military he should be taken care of, By the government and either a release signed with compinsation ,or long term medical care. If he was hired by an employeer who knew of his previous medical condition and hired him anyway , then the company is responcible, and its not a workers comp. If he lied and said there wa no previous medical condition then the liability is his. If the company knew and informed workers comp (which would result in a premium increase) then its a workers comp injury.
Theres nothing hear that is black and white because information is missing, What was agreed upon when he was discharged? did his employeer know of his medical condition before employing him? What was his medical condition before his leg gave out and he injured his back? Is it a new injury, or a condition that was there upon hireing? Was there a pre employment physical?
See there are a few questions that could take this case in several directions,
Or you could just blame the VA.

Ron

[b3196]

I'll make one statement regarding work comp......Pre-existing injuries are not covered under work comp if the first report of injury was not work comp related to begin with.....Also, Employers can't ask anything about pre-existing medical conditions.

Bob K

[39mto39g]

The 1st part of your statement is what I said, The second part, must be an Indiana thing, Not only do they ask what medical conditions you have/had they also give you a "pre hire" medical physical, The results are given to the employers DR. with your permission and the DR gives a Hire-No hire to the employeer, Back ground criminal check and employment history. You don't comply to any of these you don't go for the employment interview. That is for any worthwhile job in Texas. (civil servent) Now if you want to work at Burger King theres no check.
Ron

[b3196]

Ron
I was under the impression that HIPPA was nation wide. Yes the employer can make you take a physical and yes your employer can make you take a test (PT) to see if you can do the job. If you pass both, then you are eligible for hire and if an employer does not hire you because of a pre-exixting illness then the ole Labor Board can step in
Bob K

[39mto39g]

Bob
Thats kinda touchy grey area of hireing for PD and Fire in Texas anyway.
The employer is not asking you about medical history the DR is and if you don't answer then the DR gives the employer a No-hire and you don't get a chance to go for the PT or interview. So its not the employer who is asking you medical questions because your not employed. The employer gets a opinion from a DR that is a consultant to the employer, not an employee of the employer.
The Dr gives a "hire" recommendation then the aplicant moves onto the testing phase and interviews. If the aplicant refuses to release medical information the the consulting DR. (you can have your DR do the pre hire physical) its the same as a no-hire recomendation. But before the physical is given the aplicant signs that he/she will release information or he/she will pay for physical. Now if you lie, then thats a fireable offence at any time found out.
The whole thing is just a complicated game to get around asking someone if they have a back injury from the military or whatever .
Thats why I would answer Gimpys post with a bunch of questions,

[Gimpy]

Jim Stricklands article speaks clearly to the point regarding the legality and appropriatness of the facts when service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

So says the United States Code of Federal Regulations.

Workmans comp...........or NOT!

Nuff said.

[39mto39g]

What ever Dude.
Nuff said