M.R.S.A. in Knee from Work...

by T
(Nashville)

Prior to the following incident I have never had knee problems nor have ever been hospitalized...

On 12/12/11, my right knee was swollen, red, and tender to touch. After an x-ray the Dr. diagnosed me with pre-petullar bursitis and bakers cysts of right knee. The Dr. administered an injection in my right knee, and advised me to wear knee pads when kneeling.

On 12/30/11, I was diagnosed with septic right knee. I had a raging fever and massive M.R.S.A. infection that required hospitalization (12/30/11 through 1/4/12). Due to lack of improvement, in my condition I underwent an emergency knee surgery/septic drainage on 1/1/12.

Ridiculously enough, I failed to link the diagnosis on 12/12/11 to admittance to the hospital on 12/30/12. I filed for workers compensation solely on the basis of M.R.S.A. which I understood probably came from the facility where I work (1/3/12). Understandably my claim was denied, because M.R.S.A. is everywhere so it's impossible to determine for certain where/whether an individual contracted it from a specific location.

After extensive research (2 months later), I finally made the connection that my right bursa had become aggravated, inflamed, and infected septic knee. Also, I was able to conclude that doing repetitive work duties (my job requires constant kneeling) likely caused me to contract an over use injury (Pre-petullar Bursitis).

Unfortunately, my right knee still has not recovered and the last day I worked for my employer was 12/23/2011. My knee swells and hurts after standing for long periods of time or when riding for extended periods of time in a vehicle.

My physician strongly feels my knee condition is work-related. But I do not know how to explain I messed up the first time I filed for workers compensation. Is there anything I can do to get around this and file for workman's comp a second time? Thank you.

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ANSWER for "M.R.S.A. in Knee from Work...":

T (Nashville):

You can certainly file a subsequent claim for Workers Compensation. You can also contact the workers compensation representative and ask to re-open your initial claim.

In both instances you will undoubtedly be confronted with the Insurance Release Form you executed when finalizing your initial claim. The insurance company will claim you had every possible opportunity to bring up the initial injury when going about the treatment for your subsequent injury.

In addition, you will be confronted with the doctor's medical diagnosis of your second injury. Because the doctor treating your M.R.S.A. linked the prior injury to the current one (according to the facts you present), you will have a possible ground for convincing the workers compensation representative to re-open your claim, or permit you to file a new one.

If you are unable to convince the workers compensation insurance representative to either re-open or allow you to file a new claim, you can consider the filing of a lawsuit against the insurance company for "Bad Faith". Although doing so will be a stretch, it may be your only available option.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy