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  1. #1
    Join Date
    Feb 2020
    Location
    South Dakota
    Posts
    1

    Default WC Knee Complications

    Fell at work due to water (or melted snow) on the floor and received a fracture R knee at the connection point of the tendon leading to the lower part of my right leg. Before this my knee was fine and I was active. Went through healing process and eventually PT sessions to walk again. Could not go back to my previous job due to it requiring me on my feet 8 plus hours (was walking 12K steps a day and more at that time). Due to the fall that employer fired me 3 days after the injury due to me only being at that position 3 months and still in the probationary period (I had 3 other occurrences of which one was the flu). Got a desk job when medical doctor released for back to work with restrictions. I was never able to walk briskly like I used to. The desk job restricted me from stretching the knee and had me sitting for hours at a time due to the type of job. Knee was never back to normal and was still acting up, giving out when going down stairs, stepping off street curbs and normal walking. Could not walk farther than a block without it hurting and wanting to give out. Finally went to an Orthopedic doctor 5 months later (when fractured, only went to my medical doctor). The ortho doctor took Xrays showing a meniscus tear he said was caused by the original fracture. When new job allowed time off I had meniscus surgery. The surgery did not fix the problem and I was not released to go back to work due to the pain and weakness. I was going to PT the whole time after the surgery trying to keep movement in the R knee joint. The orthopedic doctor gave me options of either cortisone shots or knee replacement. At first, I tried shot in the knee with no results so on the next visit we set up surgery for total knee replacement. Surgery was performed just 5 months shy of the 3 year anniversary of the fracture. Doctor told me this was not a typical knee replacement due to the damage of the knee due to the fracture. I have a longer shaft going down the bone below my knee. Since I was not released to go back to work within a 6 month period my (desk job) employer fired me saying she needed someone to replace me since they are only a 2 person office. She had hired someone else to take my place and cannot afford to employ more than one person. In 10 months it will be 4 years that I've been going through this. I can no longer sit in a bathtub and have to take showers (love baths) unless I can buy a walk in tub; can no longer walk long distances; can no longer go down steps without holding on for dear life; can no longer "bound" up stairs two at a time; can no longer fast dance like I did in the 70-80-90's and beyond; can no longer fast walk for exercise (12 minute mile, yes!). I can go on and on with all I can no longer do. My quality of life, even though I'm now 70 yrs old has been cut short for the last 4 years plus many years to come. I have had an attorney since right after I went to the Ortho doctor. I do need to add that WC has been paying me supplemental and also paid for the two surgeries and the PT. My question is...since I'm no longer working and still have many things I am no longer able to do because of this injury that affects my quality of life, what am I still able to receive from WC when this is all over with? I've never had a WC case before and this has been long drawn out because WC was fighting it at first. I know I was real "wordy" with all of the above but I'd like to know the South Dakota rules. My attorney says I have to go to "Rehab Doctors" for their evaluation and then go from there. Just wondering how much all that I've gone through is worth in South Dakota. Thanks for your time.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,120

    Default Re: WC Knee Complications

    My attorney says I have to go to "Rehab Doctors" for their evaluation and then go from there. Just wondering how much all that I've gone through is worth in South Dakota. Thanks for your time.
    Comp doesn't pay by what you've been through or pain - they pay a percentage of wage loss or loss of earning capacity.
    Depending on your final Impairment rating and the effect it'll have on your earning capacity, you'll receive a certain number of weeks of benefits based on that rating.
    You need to have a talk with your lawyer and have him explain things to you so you'll know what to expect.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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