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Past Knee Injury questions
#1
I will try to make it short...I hurt my knee last may at work. Went to the workman's comp DR who did an x-ray and a flex test (palpated the knee). No breaks...but possible joint effusion. I asked for an MRI since I had a good deal of pain and funky noises (cracking/popping when it bends) but was told that it was not necessary. Neither was physical therapy even with continued pain and noise. I told the DR after a few weeks on the anti-inflammatory pills that it felt better than it was...but still hurt. Was released from DR's care and told that I would have issues the rest of my life out of my knee....best of luck. No rating...nothing. Got fired from the job for being tardy. Being young and dumb I thought there was nothing I could do about it and just let it go. August of last year was my last time seeing the DR.

Skip ahead until July of this year. The pain has increased and now my knee gives out on me at odd times. Still makes the noises...but now more frequently. I can not do the things I consider normal for my everyday life. Walking, riding, driving, ect are painful for me to do for more than short burst of activity. I called the insurance carrier (which has changed btw) for the previous job. They said they would pay for the first visit to see if the pain was related to the original injury and then go from there. They told me that if it was related that they would pay for treatment. BUT, when I arrive at the DR's for the appointment I was told that the insurance carrier has denied me and that my case is closed. Tough luck and to file a new claim against my new job if I want treatment for my knee.


Would it even be worth it to try to get a lawyer? I feel that I may have not been diagnosised correctly on my knee and that there are underlying problems that were never addressed. I find it odd that the DR didn't do an MRI and seemed adamant that I not do PT. Has anyone dealt with this kind of situation before or am I up the creek without a paddle? I still have pain that seems to be getting worse and that horrid popping/cracking noise that my knee now makes since the injury. I don't want a load of cash or anything like that. I am only 25 and just want my knee to stop hurting and to be able to do the things I use to.

Any thoughts or opinions are appreciate.
 
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#2
First off, Welcome to the forum.

It is a good thing that you "don't want a load of cash". In the world of WC there is no such thing.

You are going to have to file a new claim. It will take a medical oppinion to connect what is happening today with what has happened in the past.

PS. I noticed that you did not say what state you are in. Or did I miss it??
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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#3
Thank you for the welcome. I am in TN. I figured there is no such thing as a load of cash out of anything these days. Besides that I rather earn what cash I can rather than sue away at people. How would I go about filing a new claim?? With the new job even though I wasn't hurt there or the old job where the injury occurred?? I don't know much about this I am afraid. Would I be able to pay a DR out of pocket to look at it and make a finding??
well...guess I didn't say the sue away part very well. But, you get the jist of what I mean. I have a good work ethic and enjoy working.
 
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#4
(08-13-2012, 06:13 PM)lilbit11011 Wrote: I will try to make it short...I hurt my knee last may at work. Went to the workman's comp DR who did an x-ray and a flex test (palpated the knee). No breaks...but possible joint effusion. I asked for an MRI since I had a good deal of pain and funky noises (cracking/popping when it bends) but was told that it was not necessary. Neither was physical therapy even with continued pain and noise. I told the DR after a few weeks on the anti-inflammatory pills that it felt better than it was...but still hurt. Was released from DR's care and told that I would have issues the rest of my life out of my knee....best of luck. No rating...nothing. Got fired from the job for being tardy. Being young and dumb I thought there was nothing I could do about it and just let it go. August of last year was my last time seeing the DR.

Skip ahead until July of this year. The pain has increased and now my knee gives out on me at odd times. Still makes the noises...but now more frequently. I can not do the things I consider normal for my everyday life. Walking, riding, driving, ect are painful for me to do for more than short burst of activity. I called the insurance carrier (which has changed btw) for the previous job. They said they would pay for the first visit to see if the pain was related to the original injury and then go from there. They told me that if it was related that they would pay for treatment. BUT, when I arrive at the DR's for the appointment I was told that the insurance carrier has denied me and that my case is closed. Tough luck and to file a new claim against my new job if I want treatment for my knee.


Would it even be worth it to try to get a lawyer? I feel that I may have not been diagnosised correctly on my knee and that there are underlying problems that were never addressed. I find it odd that the DR didn't do an MRI and seemed adamant that I not do PT. Has anyone dealt with this kind of situation before or am I up the creek without a paddle? I still have pain that seems to be getting worse and that horrid popping/cracking noise that my knee now makes since the injury. I don't want a load of cash or anything like that. I am only 25 and just want my knee to stop hurting and to be able to do the things I use to.

Any thoughts or opinions are appreciate.

a comp lawyer's fee comes out of any benefits awarded. so whether it'd be worth it or not depends on what you want.
you might have difficulty finding a lawyer.
you would need medical evidence that current problems are due to the original work injury and carrier or recent activity.
if its from recent activity then if it's work related you'd file a new claim.
it all depends on what medical evidence you can produce.
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.
THANKS FOR POSTING.
 
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