Legal Question in Workers Comp in Virginia

I injured my right knee 12 years ago, I was told I have life time medical coverage of my right knee. My last surgery was in 1999. My leg has always bothered me, so I called my workers comp worker and she authed a visit to an ortho. Ortho dr said total knee replacement, but workers comp is saying wont pay for it because or normal ware and tare, so what now??


Asked on 11/19/10, 6:31 am

1 Answer from Attorneys
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

First, I would not rely upon the insurance company's interpretation of your medical reports. You need to request a hearing before the Virginia Workers' Compensation Commission. The issue for you is going to be a medical one: does the medical evidence relate your need for a total knee replacement to your original industrial accident? If it is, then it will be covered. If not, then it won't be covered.

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Answered on 11/24/10, 6:52 am


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