A 62-year old teacher fell in 2013 and ultimately underwent multiple knee surgeries and required future medical treatment including TKR related to chondromalacia and end-stage arthritis. The Commission nearly doubled the award for permanent partial disability. Simpson v Columbia College, 2017 MOWCLR LEXIS ___ (July 28, 2017) (13-069045).
The Commission modified the PPD award from 22.5% to 40% and rejected the defense that her need for TKR flowed from arthritis and not the work injury. Claimant's chondromalacia was staged from grade 1 to grade 3 in the course of her care for the work injury.
The employee alleged the employer denied injections recommended by its own doctor and delayed to obtain a medical opinion to support its denial for nearly a year. The ALJ found that the employer's denial was not persuasive but was reasonable based on medical expert opinion. The ALJ denied the motion for fees for the cost of the treating physician to testify live at the hearing about causation and the need for disputed injections.
Atty: McDuffy, Friel
Experts: Volarich, Leslie, Marr