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  1. #1
    Join Date
    Jan 2014
    Posts
    3

    Default Complications After Knee Surgery Requiring an Additional Surgery

    My question involves workers compensation law for the state of: Kentucky

    Traumatic Physical Injury (Accident)
    Case Description i dislocated my knee at work at the jail where i used to work my old dr rollins did mpfl surg on my left knee , and many times since the aug 23 2013 i ve had major pain and no use of my leg at times, i told the old doctor manytimes that i was in a lot of pain and also i told PT and no one listened wouldnt do xrays , told me pain and numbness in my head or scare tissue , and i wasnt working hard enough at pt i finally got work comp to agree to let me see to a new doctor that doctor done an xray and seen that the screws are out side my knee of the femeral tunner and wants to do surgery , the new doctor said no PT and Light duity .we have a apiral 2014 court date , the doctors work comp leaiseon has submited it to work comp , im scared they wont agree to allow him to fix it and ill be stuck with loose hard ware and a liagment that could come loose anytime. it was submited on jan 3 and she said they will know by jan 14,2014 , do you think they will approve it , it will save them money in long run because if its not fixed my use of leg will be much more limited. IT the STATE work COmp company . can anyone tell me my chances , the doctors office said they will apeal and apeal it till its approved , or my att will file a motion with the judge , i just dont trust the work one person. can anyone give me some professional advise, and also i lost my weekly pay check when the doctor i used to have said i could work and my job had no job for me to do on light duity so i lost my job , i was told that the work comp company should automaticlly start my check back since i cant work if not i can file a motion to start it back helpp?????

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,097

    Default Re: Ky Work Comp , Knee Surg Revison Because of Loose or Bad Hardware in Knee

    When you contacted your workers comp carrier and reported that you were no longer working, what did they say?

  3. #3
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Ky Work Comp , Knee Surg Revison Because of Loose or Bad Hardware in Knee

    your atty is in the best position to judge the quality of your evidence and whether it will be persuasive to the particular judge at your board.
    there are many judges and different boards and different doctors vary in the quality of their medical opinion.
    too many variables for a public posting board to give an accurate answer to an anonymous poster.
    if there is a dispute between doctors as to whether you should be off work or not your disability will have to be decided by the judge.

  4. #4
    Join Date
    Jan 2014
    Posts
    3

    Default Re: Ky Work Comp , Knee Surg Revison Because of Loose or Bad Hardware in Knee

    my question is more about what the likelyhood of work comp approving my second surg and to cbg , work comp said that if i could do desk job i can work , but my job had no desk job for me.

  5. #5
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Ky Work Comp , Knee Surg Revison Because of Loose or Bad Hardware in Knee

    they are going to look at the medical evidence.
    no one on a public message board can tell ahead of time which doctor's opinion the adjuster will see as more persuasive.
    it's difficult to predict another person's behavior when you don't have all the facts.

    how has this adjuster decided similar situations?
    what is the carriers general position on treatment issues?
    has the adjuster a preference or an opposition to either physician?
    was the adjuster involved with the failure of the past surgery?
    has the employer voiced an opinion on how the case is being handled?
    do the adjuster and your atty work well together?
    how much experience does the adjuster have with such cases?
    does the carrier's atty like his chances for success in court on a denial of treatment issue?
    are the carrier's legal costs too high last year and they want to reduce litigation?
    does the carrier want to put as much treatment on hold an see what happens to comp under Obama care?

    when there are differing medical opinions there is supporting evidence for either decision.
    everything else being equal (which it never is) and since you can't undue a surgery, the safer decision is to go with the doctor that wants to hold off on surgery.

    what's the doctor's track record with this type of surgery?
    what other factors can affect the outcome and recovery?
    how did the patient handle prior surgeries?
    compare the likely disability with and without surgery?

    evaluating a surgical patient and a condition and setting the odds for successful surgery are very complicated.
    without enough information it's not a prediction but a wild ass guess:
    they'll deny the surgery.....

  6. #6
    Join Date
    Jan 2014
    Posts
    3

    Default Re: Ky Work Comp , Knee Surg Revison Because of Loose or Bad Hardware in Knee

    yes the adjuester has decided similar situations , and the atty and adjuster so far done well togather and the adujester was involved in failed surg , the doctor i have now is got 30 years in compaired to old doc only 8 years , my new doc has worked with my work comp ins and the know him well , hes is on the board of surgens. yes my attorny has handled many of thease cases and says that if they have to have judge sign a motion we will win it. obama care doesnt matter in this case.

    - - - Updated - - -

    the work comp nurse called today and the second surg with new doctor is approved. so it will happen near end of month.

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