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  1. #1
    Join Date
    Nov 2013
    Posts
    3

    Cool Knee Injury Settlement Offer

    so I tore many acl at work February 2013. Had allograft surgery in April. Had physical therapy for eight months everything was fine until for four months post op. Started to have pain in and around my knee. My orthopedic surgeon offered another mri thinking I tore my meniscus. instead they found I had post traumatic arthritis. WC sent me for an IME where their doctor basically told them that no doubt my arthritis was caused by my work injury. He said my ortho took great pictures during surgery and it shows I had no arthritis our anything.

    Any how I got a letter of closure today and their offering me 27000, I DO have a lawyer and will call him Monday. He sent them a letter for them to acknowledge the arthritis but on the closure that's not one of the conditions.

    My rating without the arthritis is 7 percent. anyone know what they rate arthritis? I'm at mmi and can work with permenant restrictions.

    oh yeah the arthritis is already bone on bone with bone softening.

    Thanks for any help. Anything I should ask my lawyer.

    46 in Oregon and used to be totally healthy :)

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,574

    Default Re: Settlement Offer

    Post traumatic arthritis should increase your PPD rating somewhat. Also, it may increase your risk of future treatment related to the injury, namely knee replacement. These are two of the things you need to discuss with 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

  3. #3
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Settlement Offer

    yes it does increase it. My ortho and the ime doctor both said I'll need the joint replaced in four years. I'm going to talk to my lawyer tomorrow I just was wondering what they rate arthritis :-) thanks

  4. #4
    Join Date
    Jan 2014
    Posts
    3

    Default Re: Settlement Offer

    hi my name is suzette....i have been off work since july 2011..i injured my knee and due to the process of getting even an MRI scheduled and approved my knee just keeps getting worse..had partial knee replacement but only partial relief of pain can't do anything but walk with a cane and QME rated me 23% but due to my age at time of injury it jumped me up to 28% so I will get 230 a week for 118.75 weeks can't work as a nurse probably ever again and since my knee is getting worse i will need total knee replacement which was QME recommendation the first time around but it got bumped back to partial cause they have to try least measures first.. I was making 1100 weekly..can't work now or in near future if ever cause it affects my sitting..standing..walking..lifting..sleeping..eve rything really..what i get doesnt come close to what i would be getting had i never gotten injured.. my income will end in 6 months i keep appealing social security...and if i dont get approved i will qualify for 498 a month from welfare..and that will be because no other program out there will help..i just don't understand.. sorry to vent..i am just really stumped..i worked and overtime worked for 30 years..and i feel like i have to beg someone to help me..i started working when i was 12.. and when i was 42 my workaholic life ended..and work comp nightmare began... so after my P&S report how long before I get an official offer..I know i get future medical cause i need a total knee replacement..but can't i request a lump sum of that 27k and keep my medical benefits? suzette in california..

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,574

    Default Re: Settlement Offer

    Suzette, you posted in the Oregon forum. You will get better responses if you post in the California forum if that is the jurisdiction of your claim. Start a new thread there.

    Do you have a lawyer? If not, you should talk to a local workers' comp lawyer who can answer your questions. You need to find out your options and that is the best way to find out.
    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

  6. #6
    Join Date
    Jan 2014
    Posts
    3

    Default Re: Settlement Offer

    thanks...i thought i was in california forum...and i don't have a lawyer nor do i feel like paying one at this point i have gone three years and just had the one question..that is what i thought this place was for..to answer questions that we know and learn from others what we dont..sorry

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,574

    Default Re: Settlement Offer

    Well, you are asking a very complicated question that may require additional facts from you in order to answer it correctly. That is why I suggested you need to talk to a lawyer. Workers' comp lawyers give free consultations. You may not have to pay anything to get your question answered by a California work comp lawyer. But it is unlikely that a lawyer will attempt to give you an answer without spending some time talking to you about all the facts.
    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

  8. #8
    Join Date
    Dec 2016
    Posts
    1

    Default Re: Knee Injury Settlement Offer

    I'm 33 and tore my pcl logging they are having me do physical therapy and don't want to do surgery I'm wanting to settle my case with a lump sum payout I don't have a percentage rating yet but they say I will have to wear a brace when doin any activity or work for the rest of my life I'm wondering how much the settlement may be not sure if anyone can help I'm just curious

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