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I was denied workman's comp when I tore my lateral and medial meniscus on my right knee while performing my job

Crystal Lake, IL |

I was diagnosed with osteoarthritis on that knee as shown on an xray but it dud not prevent me from performing my job nor was I ever absent from work due to this condition. Surgery was delayed for almost a month due to workman's delay in acting on the case I was in pain fir the whole month waiting for their decision. It was
My health insurance that finally shouldered my surgery and my doctor.
My question is, do I have a case if I appeal

Attorney Answers 5


  1. Best answer

    I don't practice WC law in your state. I have practiced WC law in Virginia for 35 years. You should definitely appeal the denial and talk to a WC lawyer in your state. You have not given much information but it appears the claim is being denied due to the diagnosis of arthritis, a pre-existing condition. However, if the tear you suffered was due to the accident and not the arthritis then you should have a good claim. You probably need a medical opinion from your doctor addressing this issue.

    This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.


  2. You must contact an attorney who handles workers' comp cases.

    Likely, the insurer relied on their choice of doctor to deny you treatment, something they can do if you do not know how to respond.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  3. We see this all the time. You have a traumatic injury and WC blames some concurrent condition like arthritis. No doctor is going to tell you that your arthritis tore your meniscus! That is just crazy. You need an experienced WC attorney who is willing and able to fight for your rights. Make sure you feel comfortable with a lawyer before you agree to have them represent you. Make them explain what they can do for you. Good luck.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  4. You need to be represented by an experienced workers' compensation lawyer on this. You will never get it overturned by yourself. Get yourself a good lawyer.


  5. I agree that the WC carrier is likely using a doctor that is focusing on the osteoarthritis as a factor. However, even if you have a preexisting condition, you can usually still recover for an on-the-job injury to the same area, despite a lingering, benign condition such as osteoarthritis.

    Consult with a worker's compensation attorney as soon as possible.

    John J. Hansen

    Mr. Hansen is licensed to practice law throughout the state of Illinois with offices in Cook and DuPage Counties, with a particular focus on personal injury, worker's compensation, and medical malpractice, state wide. His phone number is (877) 205-6625 and his email address is johnjhansen@jhansenlawfirm.com, his website for more personal injury and estate planning articles is at www.jhansenlawfirm.com, and his blog is at jhansenlawfirm.wordpress.com.

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