My husband received a work related injury to his knee, meniscus torn, went on L & I, had surgery last nov. he had his impairment rating and concurrence with his physician, rating as 10% whole body. 2 months ago he tore his other meniscus on his other knee (not at work, just walking) we believe it was from the stress put on his good knee compensating the bad knee. L & I found out he was going to have surgery and told him if he did not continue with vocational services he may not get anthing from them, he decided against the second surgery...so now, will he get a settlement for his first injury covered on L & I, and if so when? it has been since Aug. when he had the imparement rating, they changed claims managers and the new one is really mean and threatened he may get nothing because of the other knee, is this legal?
2006-11-19 05:19:01 · 2 answers · asked by cc 1 in Health ➔ General Health Care ➔ Injuries
No it is not legal. Your husband needs to retain a lawyer, most states have free legal services available. Injuries besides the work related one have no bearing on damages and L&I could be setting themselves up for a nice little legal mess. It would be good to get the number for your local ombudsman and make a call. Good luck.
2006-11-19 05:27:49 · answer #1 · answered by Enigma®Ragnarökin' 7 · 0⤊ 0⤋
He may get nothing by opting out of the second surgery, because the meniscus can heal completely. If he got the second one fixed, he could continue to exercise the first one and get back to work. Your best bet is to go to court to try to prove the second injury was caused by the first one. If he just has hinky knees, that's not his employer's fault.
2006-11-19 05:28:07 · answer #2 · answered by Kacky 7 · 0⤊ 0⤋