Job injuries can occur to any part of your body. Joints such as knees and ankles are prone to injuries due to their frequent use and the resulting stresses such joints are exposed to. If you sustain any job injury to any part of your body, an initial consultation with us about your rights and what you’re entitled to is entirely free 727-451-6900 or visit www.dolmanlaw.com. You have nothing to lose by contacting us and everything to gain in the way or receiving information at no expense.
What we often see with knee and ankle injuries is the worker’s compensation carrier’s (hereafter, “carrier, carriers, or carrier’s) attempt to avoid liability for necessary medical treatment through arguing lack of a causal relation between your work relayed injury and the treatment your doctor is recommending. In other words, a carrier attempts to argue that your need for treatment is not a result of the work related injury you suffered to your knee or ankle. If you underwent diagnostic testing such as an MRI, the carrier will often review the results to determine whether any other condition exists in addition to what is revealed as the work injury. One example of an additional condition often used with knees and ankles is arthritis. Arthritis, along with a number of other conditions, occur over time naturally in the joint. Carriers attempt to argue that because the condition is one that occurs naturally, it is personal in nature; otherwise referred to as idiopathic. The argument that you need treatment more for arthritis as opposed to your work injury is made. We are very familiar with this unscrupulous tactic and well equipped to deal with it. Efforts used to overcome medical opinions that suggest your need for treatment is NOT your work injury include questions directed towards medical providers that include but are not limited to, examples such as:
- “If the work accident never occurred, when would the individual require the treatment that is being recommended for them now?”
- “If your opinion is that the work accident is not the major contributing cause of the need for treatment to the individual’s (left/right) knee/ankle, why is the opposite knee/ankle asymptomatic? (Meaning, why is the knee or ankle you injured on the job causing you pain and while the opposite knee or ankle is pain free?)
- “Given the lack of treatment to the knee/ankle prior to the work accident, how would you explain the sudden receipt of, and need for, treatment immediately following the work accident?”
- “In your experience in treating patients, how often do you see the symptoms expressed by this patient associated with anything other than a sudden acute injury?”
- “How often do you see years of no symptoms combined with a sudden onset of symptoms that directly correlates to a specific date connected with a work accident?”
The questions go on, but the physician providing an opinion in favor of the carrier is put through a series of questions for the purpose of having them change their opinion or to establish to a Judge of Compensation Claims that their opinion should be given little weight. Meaning, their opinion should not be given much consideration by a Judge.
We handle numerous areas of law, including worker’s compensation claims. Visit the Dolman Law Group’s webpage or call us at 727-451-6900. If we cannot help you, we will work with you to help find a law firm that will.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765