Legal Question in Workers Comp in Virginia

Worker's Compensation
Our best friend was injured on the job last week. His knee dislocated, and will not go back into place, and will require surgery and will be out of wotk for about a month. During the Worker's Compensation phone interview, he stated that he had injured the same knee in the past (he has been in construction over 30 years), but that it had never required any medical care. He has Never been treated for any knee injury until this. Yesterday, his claim was denied based on ''pre-existing condition''. This doesn't seem right. He's not a physician, so how can he self diagnose? This injury could be completely different. And xince he has never sought any medical care for any injury, can they really determine this to be a pre-existing condition?

Asked on 4/04/07, 10:03 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Worker's Compensation

Tell him to file an appeal of the decision to deny his claim on the basis

of an erroneous attribution of a prexisting condition to his current on the job injury.

Answered on 4/17/07, 6:57 pm

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