Employer/carriers right to deny the claim


Question: In florida Assume that an injured worker is employed by an employer that is not aware that the worker had a pre-existing back condition resulting in needed surgery. When hired, the worker did not advise the employer of the pre-existing back problems, and there was no other way for the employer/carrier to know about a pre-existing back injury. While on the job, the worker aggravates that condition, requiring additional surgery. According to the treating physician, most of the need for the second surgery was caused by the pre-existing back condition and resulting arthritic changes resulting from the prior surgery. The doctor testified that 60% of the need for the second surgery following the accident on the job was caused by the pre-existing back condition and 40% was related to the accident on the job. Question: Would this affect the employer/carrier's right to deny the claim 6 months after the benefits were paid? Explain your answer, if necessary

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Other Subject: Employer/carriers right to deny the claim
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