Put it in Practice January 2022: Monthly Tips for Florida WC Professionals

BE CAREFUL HOW YOU PLEAD IT, YOU DON’T WANT TO EAT IT!

                Frequently, claimant’s attorneys file petitions requesting that you accept compensability of certain body parts.  How you respond has big consequences!

            For example, a claimant injures his knee and there is a request to accept compensability of the knee.  However, that claimant has severe arthritis and was going to need a total knee replacement before the accident even happened. 

• Claimant sees doctor after the industrial accident and is diagnosed with a strain of the knee;

• When his attorney files a petition requesting compensability of the knee, your response should be that the Employer/Carrier have accepted compensability of the knee strain. 

• If you simply accept compensability of the knee you might be “buying” the entire knee, arthritis included.  You might be in a dogfight over a total knee replacement. 

• Please also take care to make sure you are not providing treatment for the underlying condition. 

 If you have any questions, please feel free to call us.  Remember, be careful how you plead it, you don’t want to have to eat it!

This month’s author is Greg White.  Questions? gwhite@hrlawflorida.com