Release date: Sept. 5, 2019
Venue: St. Louis
Plot summary: The Commission affirms a PPD award for knee strain/syndrome when a 32-year old tripped and fell and rejects the defense argument that the award was not based on objective evidence. Claimant received a brief course of treatment but reported continued symptoms with squatting, standing and "somewhat" weak hamstrings. The Commission finds the employee's expert more credible as more "fully informed" based on more complete treating records and more fully documented findings
Inj. No 17-037838
Cast:
Denigan
Sievers
Volarich - paellofemoral syndrome 20%, 22.5%
Karre 0%
Memorable quotes:
"it may be observed in hindsight that Employer under-treated Claimant given the persistent complaint and, with the standing diagnosis of patellofemoral syndrome, perhaps beyond the expertise of an urgent are physician." … . (ALJ)
Comments
The record was ambiguous whether the claimant's expert had reviewed the MRI as reported by the ALJ. The Commission found this could be reasonably inferred as the expert had reviewed the "records.
The ALJ noted knee injuries are "problematic" as "ambulation injuries" and lack of symptoms while claimant performed sedentary work was not dispositive of the extent of disability. The ALJ noted the award "could have" been higher with "more objective findings." The Commission notes it has the authority as the fact finder, and there was nothing in 287.190.6(2) that required reversal.
What's it worth?
15% knee
