Alan Rogers v Mario C Early R V School
Release Date: Oct 22, 2021 (Nov. 2015)
Venue: Greene County
Summary: Commission affirms award 2-1 for knee injury and rejects progressive degeneration defense. Dissent asserts claimant healed from two meniscectomies and TKR was related to arthritis. .
Inj. No.15-093845
Discussion: The ALJ finds claimant's TKR flowed from two meniscectomies and "but for" the knee injury he would not have required the TKR. The ALJ noted claimant was highly credible .... "genuine, honest, reliable, and trustworthy....persuasive and credible." The ALJ contends the accident caused a pain process which did not improve and was related, contrary to conclusions of surgeons who distinguished between a work-related tear and an underlying unrelated arthritic conditions. Hopkins felt claimant would likely require a TKR within 221 years due to changing biomechanics in the knee. Dr. Stuckmeyer had rated 60% which was the amount of the PPD award.
Parties
Elmer, J
Carlton, atty
Lemp, atty
Hopkins
Stuckmeyer
Mall
What's it worth?
TKR 3x surgery knee 60%. , past and open medical
