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  1. #1
    Join Date
    Nov 2011

    Default History of Knee Pain Prior to Injury

    I seem to have a few things going against me with my workers comp claim. My lawyer has advised me to settle with WC instead of going to court. I believe that you can have a pre-existing injury and be hurt at work and still be covered. I was without a doubt having some issues before I injured myself at work. Nothing diagnosed. Found out after injury that I have arthritis in my knee. I had a doctors appointment days before injury. My lawyer says that it will be hard to prove I hurt myself at work. I informed many people at my job that same day about my injury. My injury at work is omitted from my first physicians appointment which is troublesome because it is the day after my injury occurred. But I have documentation the next day when I went for a MRI that I hurt myself at work. I wrote it down on an intake form. My only explanation is that physician did not write it down. Big issue with me is that I never got better after surgery. Minor injury/surgery that wreaked havoc with my knee. I was told my problems happened post-op and that I would need a knee replacement. I am very upset because before this injury I was able to live my life, now it is about my quality of life.

    1. Do I need to inquire about Medical Malpractice? (My lawyer says he cannot go after my physician)
    2. A history of pain prior to injury at work is harmful to your case?
    3. Does the time frame when I told my physician about injury at work matter?
    4. The purpose of going to trial is more money?
    Thank you for listening and for giving this your time.

  2. #2
    Join Date
    Oct 2006

    Default Re: History of Knee Pain Prior to Injury

    i'm not sure the what your basis of a malpractice claim would be.
    an unsuccessful surgery by itself is not evidence of malpractice.

    it's not harmful; it just allows the doctors to fairly show multiple causes.

    it may; it depends on context of other events.

    no, it's to resolve a dispute that hasn't been negotiated.

    I didn't hear a thing.

  3. #3
    Join Date
    Mar 2010

    Default Re: History of Knee Pain Prior to Injury

    I had what the insurance company said was the dreaded pre-exhisting condition im my lower back i had a nerve issue causung my legs to twitch when in bed. Went and had an epideral and p/t 3 weeks before i slipped and fell on a wet floor landing on my left arm which was broken and my tailbone. I never lost an hour from work before the fall went to see their doctor for an ime what a f***ing joke i won the original w/c case. They appealed and won on the claim of pre exhisting condition. By the way, the w/c doc said my arm was never broken xrays showed different 2 surgeries on my arm later and one more had another ime yesterday for the elbow. Dont hold your breath on getting anywhere with the claim the i/c loves to spend more money trying to dispute the claim than paying to get it fixed forget the medical malpratice claim also

  4. #4
    Join Date
    Feb 2007
    Charlotte, NC

    Default Re: History of Knee Pain Prior to Injury

    Eagle, listen to your lawyer.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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