Episode 12 – Worker Comp Pre-exiting Condition Law In Michigan

Workers Comp Pre-existing Conditions Law in Michigan

A Pre-Existing Condition Can Still Be Covered Under Michigan Workers’ Compensation Law

If you’re injured on the job and have a preexisting condition, the question always comes up. If it’s work-related, a pre-existing condition can still be covered under Michigan Worker’s Compensation Law. So if you have a bad back, and you hurt it again at work, you may still have coverage.

There have been changes in Michigan Law on Pre-existing Conditions

However, there’s been lots of changes in this area. It used to be under the old rules, If you just had a flare up of your symptoms on a pre-existing condition and that prevented you from working, that was enough to have coverage under worker’s comp. But now you have to show that the work injury itself aggravated or changed the underlying pathology in order for it to be covered. This is a significant difference: Symptoms versus underlying pathology.

How to Show Changes in Underlying Pathology

The doctor’s opinions on this is critical in these cases. The best way to show that your work injury changed your pre-existing condition is usually by a diagnostic test, showing a change in the x-ray or a change in an MRI. But it can also be shown clinically.

It’s critical to let the doctor know your history. So even if you did have a bad knee going into the job, if you hurt that knee again, make sure the doctor knows that. But also make sure the doctor knows how significant that work injury was and how much more symptomatic (if it is) that injury is now.  History is the most important thing medically to show in order to get coverage.

 Don’t Believe Insurance Companies That Tell You Pre-existing Conditions Are Not Covered!

insurance companies will tell you if you have a preexisting condition, you do not have worker’s compensation coverage. This is not true. Do not accept that. If you have any questions on that, always talk to worker’s compensation lawyer. You can call me at (989) 725-8118 if you have any questions.

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