Legal Question in Workers Comp in Maryland

Workers Compensation Filing Laws

In 1998 my husband slipped at work and injuried his knee. He hired an attorney and filed a workers comp. claim. He had surgury on his knee and was back at work 11 months later. He receive a disability rating and he won his claim, but to keep the claim open he has to re-file every five years. His doctor says he will eventually have to have a knee replacement. Last year he was delivering a package to a customer and their deck step gave out and he hit his previous injuried knee. He only knocked his knee cap and only missed one day of work. Earlier this year he contacted his attorney to re-file the 1998 injury claim. His attorney says he has to drop the 1998 claim and file a new claim for the knee cap injury, which really wasn't a big deal. Is this correct? If he drops the 1998 claim he will not have any recourse for future disability rating on his knee.

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