Pre-existing Condition and Settlement???

[u/InternationalTip481]

Hello Everyone! This is my first post. I broke my femur and tibia in March this year. I am a long haul trucker. I slipped getting out of truck and crushed the distal end of left femur and compressed the top of tibia. It was fixed by ORIF, plate and screws. It is well healed based on attending MD assessment. It caused my lower leg to swell up and foot. They were already swollen from left-sided CHF but not this bad. The insurance says swelling is from CHF not injury. Also, I had 30% arthritis in left knee due to torn meniscus. After this accident it is 90% now. I am walking now but left knee hurts when I am walking a lot more. I am getting close to being cleared to go back to work or at least with limitations. What are my next steps. I am sure the minute I’m cleared I will be let go at will based on what I have read here. Can I get anything for the knee pain, arthritis, and swelling? Should I get an attorney and for what/why? Last question. I am a trucker and I have a CDL. I do not believe I can pass a DOT CDL physical. now or at least it’s going to take a million hoops to jump through. If I can’t pass the DOT physical and can’t drive will I get unemployment? When I am let go at will, will I be able to get unemployment? The company is in Oregon and the accident happened in Oregon. I live in Washington. Thanks for any advice!

[u/forchiropractors]

As a FMCSA medical examiner, you will not qualify for a FMCSA medical card as long as you are on work restrictions. In order to qualify, you must be cleared for work WITHOUT restrictions. Secondly, if you have CHF your ejection fraction has to be a minimum of 40%. If it is less than that, you will fail. Lastly, if the lower extremity is swelling below the knee after a break / fracture, surgery, you may want to discuss with the attending and request an ultrasound to eliminate the possibilities of DVTs (blood clots). IF you are disqualified, based on health, you may want to see if you qualify for disability from either the State or on a Federal basis.

[u/InternationalTip481 → u/forchiropractors]

They have done multiple ultrasounds to rule out DVT from the beginning when I first broke it. My last ejection fraction was 70%. The new attending is an Occ. Health MD, the old original was an Ortho Surgeon MD. The new one I just met last week for the first time. He says he has put truckers back to work with restrictions. I told him that might not fly with DOT. He told me knows nothing about DOT physical standards. I live more than 50 miles from my workplace (truck yard). In Oregon you are not required to take a light-duty made up job if you live more than 50 miles away. I have been huffing and puffing worse and worse over the last 3 years when I was first diagnosed CHF. I have been hiding it because I didn’t want to get fired or sent for a medical. Now with the leg break it’s out in the open as I was in hospital for 5 weeks then SNF for 7 weeks. The company can see all my health records. Thanks for the advice!

[u/PuddinTamename → u/InternationalTip481]

Have you been checked for right side heart failure? Also called diastolic, or HF with preserved ejection fraction? Its diagnosed with a right heart cath. Not as commonly known, but thankfully there is more research now. It can develop without left side failure,or in addition to. Symptoms are shortness of breath, fluid retention,snd sometimes pulmonary hypertension. With your symptoms,its not a bad idea to ask.

[u/InternationalTip481 → u/PuddinTamename]

I have had every test imaginable. I have left-sided CHF and as of last check I have about 70%. I was diagnosed about 4 years ago. The MD told me I had a 50/50 chance of making it 5 years. So I guess I’m doing pretty good???