Legal Question in Workers Comp in Pennsylvania

Several years ago i tore my menicus in my right knee at work and some of the menicus was removed.

this was paid by workers comp.Several years later i again tore my menicus in my right knee and again

some of my menicus was removed. It was also paid by workers comp.Now this year 2010 i tore the menicus in my left knee,this time it was done at home.I'm having pain in both knees and i belive in the

near future i will need to have both knees replaced. My question is, would workers comp be libel for

any of the cost ?


Asked on 9/20/10, 2:32 pm

2 Answers from Attorneys
Ronald Calhoon calhoon & associates, p.c.

Yes, they would be liable for 100% of the medical expenses for the right sided knee repalcement and any wage loss caused by that procdure. If your left knee is worn out due to over use due to the work related right knee problem over the years, then they would also be liable for the costs caused by the left knee replacement, You should get both knees done at the same time.

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Answered on 9/25/10, 2:45 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

I disagree with somewhat with the prior answer you received. If your doctor states an opinion that the need for the right knee replacement was due to 1 or both of the work injuries, then you have a good claim. It's likely the WC ins co will not just agree to pay. It will probably want to have you examined by a Dr. of its choosing. If that Dr. agrees with your Dr. then the ins co will pay. If not, you'll have to go before a WC judge (you'll need an experienced WC atty) & hopefully the WCJ will agree with your doctor. The analysis is the same for the left knee issue- you'll need your Doc to state need for replacement was somehow caused by a work injury. Whether or not you get both knees done at same time is a discussion you shd have with your doc. Good luck!!

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Answered on 9/26/10, 8:33 am


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