Legal Question in Workers Comp in Kansas
I was injured 2005, bilateral knees lumbar spine, carpal tunnel. After bilateral meniscus repairs, a total knee replacement was done of the left knee.
I currently am in physical therapy for the lumbar spine and carpal tunnel, the treating wc doctor tells me he will place me at MMI July 8th.
The insurance company wants to settle but first want me to sign a statement saying the knee replacement was not related to the work accident so they can seek reimbursement from the state fund for medical bills on the knee replacement already paid.
The insurance company says they will only settle with this statement and if I don't sign they will file an appeal on the replacement and right carpal tunnel.
The replacement was 6/08, the carpal tunnel surgery was 2010 with treatment for both being awarded per court orders.
I am an honest person and do not feel right signing such a statement.
Please share your thoughts on signing the statement and threats made by the insurance company.
Thank you, Lynn
2 Answers from Attorneys
Your question does not indicate that the knee replacement was not related to the work injury, so we assume it was related. Apparently, a judge thought so, too. You should not be pressured into signing anything that is not true. That may constitute an abusive workers' compensation insurance practice. Contact your attorney about the situation. If you do not have one, consult an experienced workers' compensation lawyer. We are here to help.
Don't sign anything. You have a serious injury and need the advice of an experienced Kansas workers compensation attorney. If the knee replacement is work related you are entitled to a disability award for the knee and medical treatment for the knee for the rest of your life. Call me if you wish to discuss your rights in this case.
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