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Thread: Injured Knee

  1. #1
    Join Date
    Nov 2008
    Posts
    4

    Cool Injured Knee

    Fairly new to the sight. A lot of good information.
    I fell and tore my ACL. Had reconstrctive surgery in February of 2008.
    I am nearing MMI and I still have cosiderable pain in my Patella tendon.
    Dr. says it's arthritis. I did not have any issues with my knee before the accident. Will this knock me out of any type of settlement with the IC?
    I don't have an attorney. Yet. Not sure how this works,
    Any help?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Injured Knee

    Many times the arthritis doesn't present symptoms until there is intervention to the site.

    If the arthritis is a contributing factor to any permenant disability you suffer it would be subject to apportionment to cause.
    The ER/IC is only liable for the indemnity amounts directly due to the injury itself, not the underlying conditions.

    This will be reflected in your final impairment/PD rating. Consequently and amount of your award/settlement will reflect this also.

  3. #3
    Join Date
    Nov 2008
    Posts
    4

    Default Re: Injured Knee

    I had no issues at all before the accident. How can they hold this against me?
    Sounds like it's time to bend over and grab the ankles!

  4. #4
    Join Date
    Dec 2008
    Posts
    78

    Talking Re: Injured Knee

    Welcome to the forum and WC Hell. BvIA is correct WC is only responsible for the initial injury. Sorry about your arthritis and maybe they will give you some medication for your other injury that may also ease the pain from the arthritis. Good luck with your case, there are alot of good people here on the forum that know the system well.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Injured Knee

    Sounds like it's time to bend over and grab the ankles!
    That would probably aggreviate your arthritis...

    As I said, the arthritis was most likely there pre industrial injury...and would/could be a contributing factor to your ''permenant disability''... the ER is not responsible for a pre exsisting condtion, even though you were not symptomatic...the doctor will have to reason out the % of the cause to PD by the arthritis condition.

    The ER/IC is liable for 100% of the medical treatment, you cannot 'apportion' medical...

    If you ran into my rear fender and the body shop said the whole car needed painting... should you pop for the entire paint job, or just the fender you damaged...? If a color buff would be sufficient vs a full on paint job...the reasoning is there even if the analogy escapes you/us...

  6. #6
    Join Date
    Dec 2008
    Posts
    78

    Wink Re: Injured Knee

    Quoting BvIA "That would probably aggreviate your arthritis..."

    You have a point there

  7. #7
    Join Date
    Nov 2008
    Posts
    279

    Default Re: Injured Knee

    I sent you a private Message. I also have a knee injury.

    RDS

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