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Posted by Richard on August 09, 2001 at 11:37:22:
female subject was rear-ended by truck in 97. Surgery followed on right shoulder rotorcuff causing near immoblization of right arm for many months. Subject lives alone and must manage real property. After some months had severe pain in left wrist. Required surgery (ulna-darroch excision)to left wrist. On left wrist examination prior to surgery found signs of early fracture. Occurred when subject was 11 yrs old, 46 yrs ago with no dysfunction or treatment for those 46 years. No-fault carrier (hers, actually) denies payment because condition was preexisting. Physician expert states in letter that, essentially, causal factor was overuse of left wrist because of right shoulder surgery due to accident. Will use nofault arbitration option to contest ... is this reasonable? any citation would be helpful. Thanks
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