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Total Knee Replacement Surgery Authorized – WCB Panel Reverses Denial by Law Judge

Markhoff & Mittman, PC was recently successful in reversing (overturning!) the decision of the Law Judge and having the Workers Compensation Board authorize a Total Knee Replacement.

The Insurance Carrier and its hired gun (euphemistically known as an “independent medical examiner”) claimed that the severe damage to our client’s knee did NOT need a Total Knee Replacement (a very serious surgery).

M&M argued that the claimant’s doctor and the carrier’s own paid consultant actually agreed that conservative treatment (such as physical therapy, non-steroidal anti-inflammatories and Synvisc injections) all failed, and that due to the nature of the condition and the traumatic work related injury that a Total Knee Replacement was necessary.

A three member appeals panel agreed with our arguements and found that the decision by the Law Judge was improper and authorized the much needed, if not serious, surgery.

This decision hinged on the medical testimony of the doctors and the ability of M&M to cross-examine the carrier’s paid consultant.

For more Information on Total Knee Replacements see the following videos:

1) Total Knee Replacement Part I (animated video)
2) Total Knee Replacement Part II (animated video)
3) Total Knee Replacement Part III (animated video)

For more information:

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.