Legal Question in Workers Comp in New York

Re: preexisting condition

No that is not correct. You should get a lawyer immediately.

Re: preexisting condition

These can be very difficult questions to answer. At some point the question of apportionment will have to be addressed. Much of the focus will be on whether this was an an exacerbation of an already active problem, whether it is an entirely new problem, or whether it is a little of both. Much of that will be based on how strong the evidence of the prior treatment is versus how well your doctor defines the new problem, if any. I would agree these types of cases rarely get resolved without the help of a lawyer.

If your knee was hurt while you were at work call a lawyer.

whether your knee was previously imperfect, or in active treatment does not settle the question. If something happened while you were at work to contribute to it or make it worse, you do have a comp case. How much will be covered by comp for this current injury and how much attributed to the preexisting condition is a question for doctors, not your employer, to answer. The Board can apportion the case between the work related injury and the preexisting problem. There is even a special insurance fund designed to provide coverage in just such a situation. I know several very good attorneys in Buffalo, if you would like help in selecting an attorney in your area please let me know.