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  • #16
    In addition to Elle's comment, we were dealing with a degenerative disorder which is extremetly common in people over 50. Bone spurs etc take some time to grow and do not show up immediatley due to trauma.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

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    • #17
      Originally posted by Kick Me View Post
      Morgana how would one be able to determine what the condition of the knee was prior to the injury so as to know when he was restored to previous condition? It is my understanding, for most states WC laws, that medical treatment can not be apportioned like the PPD is.
      Let me give an example that is unrelated to the OP's for illustration purposes. Ann EE with pre-existing arthritis to the elbow pulls a muscle in that elbow while lifting a box of copy paper. The doctor recommends PT to treat the muscle strain and comments that the EE also needs surgery to deal with the arthritis. Assuming there is no argument that the arthritis was clearly there before the muscle strain, WC would only be on the hook for the PT for the muscle strain, not the treatment for the arthritis. Though that surgery may still be necessary, it isn't causally related to the accident and therefore is not covered by WC.

      Should the EE instead have torn a ligament while lifting the box and require surgery to repair the tendon, WC is not going to tell the doctor to only fix the tear and not address the arthritis present. It would be medically irresponsible to perform the surgery, and fix only half of what is wrong, subjecting the EE to an additional surgery on the same body part at a later date because it was not part of the injury sustained at work. However, when it comes time for PPD, only the degree of disability related to the torn ligament would be considered.

      In the real world, it isn't always clear cut what is pre-existing and what is the result of the accident as far as degree of disability is concerned.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #18
        Excellent response ElleMD!
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson

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