Pre-existing knee arthritis is not a bar to winning Pennsylvania Workers Compensation benefits. I inform my clients over and over again to not let pre-existing conditions, the fact they may be older workers, or the fact their employers tells them their injury is not work related, to be the determining factor of whether the pursue workers compensation benefits.
Recently, I had a client that worked long hours for a national food and beverage chain. She slipped and fell when she walked out of a walk in freezer and landed on her knee. The employer denied her injury and advised her that her knee problems were due to arthritis. Why? Well, the X-Rays and MRI did in fact show a degenerative condition.
My client came to see me. My client had never had any prior knee pain or treatment, despite the existence of arthritis on her scans. Still, no benefits from her employer. I filed a claim petition. After taking testimo0ny and medical depositions, the Workers Compensation Judge granted the claim petition and specifically approved the injury description as
“a right knee contusion, right knee bursitis, and aggravation of her pre-existing arthritis requiring a total right knee replacement.”
That is right. The WCJ accepted an aggravation of a pre-existing condition and made the workers compensation insurance carrier pay for a total knee replacement. To this day, my client is still getting paid workers compensation weekly wage loss benefits and treating for her total knee replacement. It was a big win for her.
This is just one of many examples where my clients had been denied benefits due to their age, the fact they may have had a pre-existing condition, the scans showed a degenerative condition, etc . . . The moral of the blog post is — don’t trust your employer or their insurance carrier. Don’t let an insurance carrier bully you. If get hurt at work, report the injury, seek medical treatment, and call Mooney Law at 833-MOONEYLAW. We will fight vigorously for your benefits. Proven experience leads to proven results. Call 833-MOONEYLAW for your FREE CONSULTATION.
