Legal Question in Workers Comp in Georgia
re-injured right knee
I have had pain in my right knee for the past couple of months. I had an MRI done with my ortho. My ortho or his staff did not give me the results of it. I fell at work and I tripped on a phone and computer cord re-injured the same knee, my right arm andright hip . A second MRI was ordered by the wc insurance company. My private ortho finally faxed a copy of my original MRI to the wc doctor, he informed me that it showed that I had a medial miscus tear,which surgery is required. However, the second MRI, ordered by the wc doc showed the same result without any changes per the wc doctor,so therefore, the insurance company is trying to argue that I did not hurt my knee after the fall. Before, I fell I was not aware the severity of my injury and therefore I was performing my normal duties at home and at work, but since the fall I can not walk without the use of full leg brace and the use of crutches.I was not having much pain in the injured areas until about two days ago, I now have pain in myhip throughout my knee. I guess my question is: Does the insurance company argue that the injury was not aggrevated by the fall? Please help.
1 Answer from Attorneys
Re: re-injured right knee
You are correct that the insurance company will likely argue that the knee was not aggravated by the fall. However, the fact that you have greater symptoms after the work injury than you had before the injury is evidence that your knee was aggravated by the fall. Georgia law treats a work-related aggravation of a pre-existing condition the same as a regular work injury.
I suggest you speak to an attorney about your case and I would be happy to discuss your case with you.
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