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  1. #1
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    Workers comp doc found no issue. Private doctor states otherwise

    What is the name of your state (only U.S. law)? CA

    My friend and been having an issue with his knee ever since he started a new job. Long story short. He went through the workers comp doctor the company uses and they stated that there was nothing wrong after looking at an x ray. Works comp company refuses to return his calls. I told him to see his own doctor and ask to have another test ran. They did an MRI and they are referring him to stanford for possible knee surgery/replacement.

    What can my friend do since the workers comp should be paying for everything and they will not respond to his original claim?


  2. #2
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    Did he injure his knee on the job? Did he report the injury to his employer?


  3. #3
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    Quote Originally Posted by justalayman View Post
    Did he injure his knee on the job? Did he report the injury to his employer?
    Yes he told them that his knee started hurting and they sent him to a workers comp doctor. He works a warehouse job and is standing and bending all day.


  4. #4
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    Quote Originally Posted by badwzrd View Post
    What is the name of your state (only U.S. law)? CA

    My friend and been having an issue with his knee ever since he started a new job. Long story short. He went through the workers comp doctor the company uses and they stated that there was nothing wrong after looking at an x ray. Works comp company refuses to return his calls. I told him to see his own doctor and ask to have another test ran. They did an MRI and they are referring him to stanford for possible knee surgery/replacement.

    What can my friend do since the workers comp should be paying for everything and they will not respond to his original claim?
    How long ago did your friend start his new job?


  5. #5
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    Quote Originally Posted by badwzrd View Post
    Yes he told them that his knee started hurting and they sent him to a workers comp doctor. He works a warehouse job and is standing and bending all day.
    That doesn't mean he was injured on the job. It sounds like he may have had a preexisting issue which means it may not be a workers comp issue. In fact, it may not be an injury at all but simply that he is not physically capable of doing the work.


  6. #6
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    Quote Originally Posted by quincy View Post
    How long ago did your friend start his new job?
    1.5 years ago. Started having the issue about 2 months ago


  7. #7
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    Quote Originally Posted by badwzrd View Post
    1.5 years ago. Started having the issue about 2 months ago
    Then why did you say this in the first post;


    My friend and been having an issue with his knee ever since he started a new job. Long story short. He went through the workers comp doctor the com
    So he either started having problems ever since he started working there or he started having problems over a year after he started there.


  8. #8
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    Assuming he has been following the correct procedures with his employer and worker's comp, there should be a way for him to address this. His employer should have this information posted.

    Here is a link with other helpful info from the State of California:

    http://www.dir.ca.gov/dwc/InjuredWorker.htm


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  9. #9
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    Quote Originally Posted by badwzrd View Post
    1.5 years ago. Started having the issue about 2 months ago
    I see some problems with your friend establishing a worker's compensation claim. Your friend will probably want to speak to a worker's compensation lawyer in his area to better determine if there is a claim worth pursuing.

    The need for knee replacement surgery is most commonly the result of osteoarthritis. Arthritis is most commonly due to genetics (osteoarthritis, rheumatoid arthritis) although it can also be the result of obesity. And repetitive injury to the knee joint (traumatic arthritis) is another reason an individual seeks knee replacement.

    I assume it is this repetitive/traumatic injury that your friend is looking to, as support for a worker's compensation claim.

    The challenge for your friend would be in proving the knee replacement surgery is due to a work-related injury. The fact that an MRI shows knee damage is generally not enough to prove cause of injury. A job that requires standing and bending all day does not equal knee replacement surgery for most people. There is often an underlying issue with the knee for which the employer would not be responsible.

    Again, your friend can discuss with an attorney in his area the MRI result on his knee, and he can discuss his duties for his employer that require standing and bending, to see if a legitimate connection can be made between the two.


  10. #10
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    It's also extremely unlikely working, with no obvious injury, for a year or so would cause enough damage to cause a knee to need to be replaced. As Quincy stated, it's more likely than not the knee issue is due to something other than a work injury. Even if the work exacerbated the pain, it's still not going to be a workers comp claim.


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