As per the Governor's shut down we are working remotely, however rest assured that we are still working to protect your rights! Please email us at dbrilliant@bnlegal.com for Dina Brilliant and gneiman@bnlegal.com for Glenn Neiman or call us at (215) 638-7500 and leave a message as we are checking our messages.

A new Frequently Asked Question has been, "I have the Coronavirus, can I get workers' compensation benefits?" The answer is that, yes, you may be entitled to workers compensation benefits depending on the facts. This can be whether you have contracted COVID-19 through work, or whether you have lost a modified duty job through an employer closing or layoff. Email or call us to discuss the specifics of your case in regard to the Coronavirus or any other work injury.

Too Many Total Knee Replacements Being Performed?

As far back as 2008, our blog reported on a marked increase in the number of total knee replacements that were being performed.  This trend seems to have been continuing, and, perhaps, not for the best.  According to a recent article in The Intelligencer, a rather high number of patients who elected to have a total knee replacement performed, were dissatisfied with the results.  According to the article:

Research suggests that up to one-third of those who have knees replaced continue to experience chronic pain, while 1 in 5 are dissatisfied with the results. A study published last year in the BMJ found that knee replacement had “minimal effects on quality of life,” especially for patients with less severe arthritis.”

In Pennsylvania workers’ compensation, a total knee replacement is a procedure with see with some regularity.  Whether the injured worker had a preexisting arthritic condition, which was aggravated by a work injury, or whether the work injury itself led directly to the procedure, a total knee replacement is not uncommon in a workers’ comp case.

Obviously, every patient is different, and we urge our injured workers to discuss options with their doctors, which could include a total knee replacement.  But, as the article notes, every patient is simply not an ideal candidate for a total knee replacement.  Whether the injured worker is carrying too much weight, or the arthritis present is not severe, or any one of a number of other factors, each case must be taken by its own facts.  Also, under the Pennsylvania Workers’ Compensation Act, an injured worker is entitled to a second opinion (and a third, at least), to truly explore the best option for that person.

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