McCoy v. Pasco County School Board and Gallagher Bassett Services, Inc.

Prexisting conditions and major contributing cause litigation.

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A claimant underwent treatment for low back pain, which included diagnostic MRI reports. While undergoing treatment for her previous pain complaints, she was involved in a work accident. While trying to break up a fight between two students, she was thrown against a wall. A door was open against the wall. Her low back collided with the extended doorknob, and wall. After suffering the impact from the accident, her lumbar pain drastically increased in severity, and differed in terms of the sensations she experienced. MRI studies taken after the accident showed a change in the condition of her lumbar spine vertebrae. I argued the changer in her condition was the injury suffered in connection with her employment. But for the work accident, she would not be experiencing the same degree of pain, nor would her treatment of intensified as it did after the accident. Therefore, the major contributing cause of her injury and need for treatment was her work accident. Decided in our favor.

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Published In: Worker’s Compensation Updates

Reference Info:Decision | State, 11th Circuit, Florida | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Josh Stewart, Stewart and Stewart, P.A. | Attorney Advertising

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