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Is a pre-date legal?
State of Kansas
Is a pre-date (off work date) legal?
I'm having a TKR done tomorrow morning, I have a previous infection in this knee. Is having a start date of surgery and end date of 'back to work with restrictions (maybe) legal'? Would that hold up in court.

I've never had a pre-date of back to work within six weeks on an off work slip. Orthopedics is not a black and white as to how patients recover. Perhaps something I will ask my surgeon about at the hospital tomorrow while in pre-op.
Bodybuilder posted this in the off topics yesterday.........it explains the pre-date.

I might add, Bodybuilder's total knee replacement is this morning.

Hi All,

I talked to my WC doctor's nurse today, we continued the discussion about 'off work status'. This doctor is very aware that after my last WC surgery that I was still unable to straighten my left leg for over 3 months and after switching PT clinics found out that the VMO muscle in my leg was not firing whatsoever. Something my other physical therapist never, ever noticed. But the dates off work are this:

04/26/2011 thru 06/09/2011.
My argument was that there shouldn't be an ending date after orthopedic surgery since no two patients ever heal the same way. Some require much longer physical therapy. Her reply to me was that the doctor rarely extends the 6 week date for work comp patients and that even if I was still receiving therapy I could definitely return to work.

I will not discuss with you what went thru my mind when she made that statement. Not a pretty thought.


My TKR was June 2008, I was not placed at MMI until one year after the surgery.
THe insurance company did their best with pressuring the doctor to place me at MMI a few months after surgery but my surgeon would not give. He told me before the surgery he would placed me at MMI one year after surgery and that is exactly what he did.
a date is not illegal; it's just a date.
a status report with projected disability dates is not a legal contract.
if there is a denial of benefits while you have a valid medical off work authorization, then it may result in a penalty.

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.

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