I had a knee replacement in August of 2011. I have had an IME for my knee injury. The replacement was not to take place on my right knee until after my retirement due to osteoarthritis. The injury to my knee took care of that plan. They said I aggravated my OA. I am to retire in another year. Can Workmans Comp hold my osteoarthritis against me? My lawyer said now my claim will probably go to trial. I also have Parkinsons Disease.
1 Answer from Attorneys
If you aggravate a pre-existing condition it should be covered under work comp.