TKR Injury vs arthritis

[mendogal]

Hi @Asababy08
I'm honestly not clear on what sort of guidance you're looking for in terms of "how to proceed."

We on this forum are folks with varying sorts of experiences with knee replacements, but can't advise on workers comp issues or workplace issues (beyond noting as a matter of established Federal law that the ADA - Americans with Disabilities Act - does entitle employees to "reasonable accommodation," which itself is a nuanced area requiring specific expertise that we lack; she'd need to consult with a local nonprofit or governmental agency on that).

From a practical perspective, I'd say that if your wife is in fact able to comfortably work within these limitations long term and also wishes to, she can follow a path of doing what's necessary to have those limitations respected by her employer. And if she feels that she can't or doesn't want to, she can opt for a path forward to another position.

I know this has been an incredibly protracted and trying time for both of you. My deepest wish is that 2025, one way or another, brings a positive resolution.

 

[Jamie]

Your wife’s place of employment has not followed the Workman’s Comp guidelines for return to work. Way back when this started, she should not have just endured the situation. You should have contacted a Workman’s Comp attorney for help with this situation. I am hoping you will see the value in this suggestion that I’ve made before and get someone on your side who knows how to deal with Workman’s Comp claims and an employer who is refusing to accommodate what is directed. Be sure to provide all dates, actions, and documentation of what has happened to the attorney.

A Workman’s Comp attorney can evaluate your situation and determine if it’s possible to close the case now with a settlement so that your wife can move on with her life. This could mean a lump sum payment to you or, since your wife’s injury resulted in a permanent disability and work restrictions, it might be possible to receive some sort of continuing disability payment. Only a competent attorney will be able to help you.

Please let us know how things go and I hope you can get some resolution to all this. All the best to you both.

Administrative note: In accordance with the overall mission of BoneSmart, we do not have discussions about legal matters here on the forum, so any posts regarding topics other than medical questions or concerns related to her TKR will not be allowed.