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Work starus change question and pre-existing condition - Printable Version

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Work starus change question and pre-existing condition - linagirl - 05-21-2009

Okay you guys have been very helpful so far so let me throw this out there. I am in North Carolina. I slipped on something at work 1 1/2 years ago and just had knee surgery in March. Here are my two issues for today!

The W/C people have given me a hard time regarding my injury primarly because they said I have a pre-existing condition. I think they are saying that my cartlige was soft prior to the accident and I also had a bio-mechanical problem with the knee as well. The thing is I did not know I had it, had never ever been to the doctor for it and had no known diagnosis of it in that knee. However I did have a similar condition in the other knee years ago and it was surgically corrrected. At no time prior to the accident did I seek diagnosis or treatment for the injured knee. How can they say it is pre-existing?
Now they have filed the form 61 but have NOT accepted responsibility for the claim. Yet they authorized the surgery, after months of appeals by the doctor and lots of forms. Do I need to do anything other then a form 18 at this time?

Next last week the doctor wrote me a note to return to work "as tolerated" full duty. Today I had to go back to the doctor unexpectedly as I was in pain etc. They gave me an injection and wrote me another note that says "light duty." I got home and received a notice from W/C form 28 saying I was no longer eligble for w/c benefits as I have returned to work, but there is a whole section about "trial return to work" and "full duty" and being released by the physician. I have not been released yet. Do I need to file a 28U now or not?

They really make this system easy to navigate huh!


RE: Work starus change question and pre-existing condition - highdesertguy - 05-21-2009

It sounds to me like you are going to need an attorney
I would not go at it alone with WC;theyr job is to get you back to work and pay as less as possible.........they will run you over if you allow them to .... seek profesional help; good luck


RE: Work starus change question and pre-existing condition - Bad Boy Bad Boy - 05-21-2009

I would agree on the attorney now also.

You are allowed to attempt return to work like you did. I never heard work comp would stop because you tried to return to work.

I think you need to stop all the hanky panky and just let an attorney handle the right way now.