12-0028. MILDRED S. CALAONA Employee Petitioner v. STATE OF ALASKA Self-Insured Employer Respondent.
Court | Alaska |
Alaska Workers Compensation Decisions
2012.
Workers' Compensation Board
12-0028.
MILDRED S. CALAONA Employee Petitioner v. STATE OF ALASKA Self-Insured Employer Respondent
MILDRED S.
CALAONA, Employee, Petitioner, v. STATE OF ALASKA, Self-Insured Employer,
Respondent. AWCB
Decision No. 12-0028Filed with AWCB Juneau,
Alaska on February 16, 2012AWCB Case No. 201012149INTERLOCUTORY DECISION
AND ORDERMildred Calaona's (Employee) July 15, 2011, petition for a
Second Independent Medical Evaluation (SIME) was heard on February 14, 2012, in
Juneau, Alaska. Attorney Daniel Cadra represented the State of Alaska
(Employer). Non-attorney representative Patricia Shearer represented Employee.
The record closed at the hearing's conclusion on February 14, 2012.
ISSUE
Employee contends there is a medical dispute between Employee's
attending physician and the Employer's Independent Medical Evaluator (EIME)
regarding causation of Employee's left knee conditions and symptoms. She
requests an SIME.
Employer contends Employee's attending physicians and
Employer's EIME physician agree Employee's work injury resulted in a temporary
exacerbation of symptoms but her ongoing disability and need for medical
treatment, specifically left knee surgery, is not work-related. It contends
because no medical dispute exists warranting an SIME, an SIME should not be
ordered.
Shall an SIME be ordered pursuant to AS 23.30.095(k)?
FINDINGS OF
FACT
A review of the relevant record establishes the following
facts and factual conclusions by a preponderance of the evidence:
1) Employee has a lengthy history of progressive and disabling
left knee pain, including a left knee arthroscopy, partial medial meniscectomy
and debridement of patella in 2004. (Chart Note, David Brown, M.D., October 6,
2011; Operative Report, David McGuire, M.D., January 21, 2004).
2) On August 30, 2010, Employee injured her left knee when she
was cleaning a restroom on an Alaska Marine Highway System ferry, the M/V
Kennicott, while working for Employer as a steward. (Report of Injury, August
31, 2010; Employee Hearing Testimony, February 14, 2012).
3) Employer initially accepted the injury and paid compensation
benefits to Employee through March 16, 2011. (Compensation Report, March 16,
2011).
4) On October 7, 2010, a left knee magnetic resonance imaging
(MRI) showed (1) moderate tricompartmental degenerative changes most severe at
the medial femoral tibial joint compartment, (2) large degenerative tear
throughout the posterior horn and body of the medial meniscus with little
normal residual meniscal tissue still remaining, (3) much smaller tears through
the posterior root and anterior body-horn junction of the lateral meniscus, (4)
chronic PCL tear, and (5) intercondylar notch ganglion cysts. (Radiologist
Report, Stephen Buetow, M.D., October 7, 2010).
5) On October 19, 2010, John Schwartz, M.D., evaluated Employee
for left knee pain and discussed the MRI results with Employee. Dr. Schwartz
diagnosed left knee degenerative joint disease. (Chart Note, Dr. Schwartz,
October 19, 2010).
6) On October 20, 2010, in response to Employer's inquiry, Dr.
Schwartz opined Employee's work injury caused a strain resulting in a transient...
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