Hanson v. Schleis Floor Covering, Inc., 092320 MNWC, WC20-6351

Case DateSeptember 23, 2020
CourtMinnesota
BRADLEY S. HANSON, Employee/Respondent,
v.
SCHLEIS FLOOR COVERING, INC., and REGENT INS. CO./QBE OF N. AM., Employer- Insurer/Respondent
v.
OMNI/INTERIOR CONSTR. SERVS. and GALLAGHER BASSETT SERVS., INC., Employer-Insurer/Appellants, and MN DEED, Intervenor.
No. WC20-6351
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
September 23, 2020
         CAUSATION – AGGRAVATION. Substantial evidence, including well-founded medical opinions, supports the compensation judge’s decisions regarding the nature and extent of the employee’s work injuries and corresponding allocation of responsibility for knee replacement surgery.          EVIDENCE - EXPERT MEDICAL OPINION. A determination of the nature and extent of a work injury by the compensation judge is not limited to the well-founded opinions of the medical experts in the record, so long as the judge’s determination is supported by substantial evidence.          JOB SEARCH - SUBSTANTIAL EVIDENCE. The compensation judge’s determination that the employee conducted an adequate job search is supported by substantial evidence in the record where the employee’s physical limitations and specialized skills limited possible openings and the employee was released to work for only a short period.           David M. Bialke, Bialke Law, Coon Rapids, Minnesota, for the Employee Respondent.           David O. Nirenstein, Fitch, Johnson, Larson & Held, P.A., Roseville, Minnesota, for the Employer/ Insurer Respondents.           Katie H. Storms, Lind, Jensen, Sullivan & Peterson, Minneapolis, Minnesota for the Employer/Insurer Appellants.           Determined by: Gary M. Hall, Judge, David A. Stofferahn, Judge, Sean M. Quinn, Judge           Compensation Judge: Sandra J. Grove          Affirmed.          OPINION           GARY M. HALL, Judge.          Employer Omni Interior Construction Services (Omni), self-insured, appeals the compensation judge’s findings that the employee’s work injury was a substantial contributing factor to the need for knee replacement surgery, that Omni bears 100 percent of the responsibility for the benefits awarded, and that the employee is entitled to temporary total disability benefits. As substantial evidence supports the decision, we affirm.          BACKGROUND          The employee, Bradley Hanson, played Division III football in 1982 for the University of Minnesota/ Morris. In the last game of the 1982 season, the employee suffered a right knee injury for which he underwent physical rehabilitation. In 1983, the employee was playing pick-up basketball when he re-injured his right knee. Later that year, when the injury had not resolved, the employee underwent right knee arthroscopic surgery.[1] After rehabilitation following the surgery, the employee experienced no pain symptoms and enjoyed full range of motion in his right knee. After leaving college in 1984, the employee began working in construction. In 1990, the employee started work as a union floor covering installer, which required the employee to spend significant time on his knees, wearing knee pads, to install carpet, wood flooring, and vinyl flooring. The employee engaged in this employment until he was taken off of work due to a work injury in 2018.          On July 25, 2008, the employee was working for Omni. The employee was on his knees when he felt a pop or slip in his right knee along with immediate sharp pain. Conservative treatment was ordered. When the employee’s symptoms did not improve, he was referred to an orthopedist, Gavin T. Pittman, M.D. An MRI of the employee’s right knee showed a chronic ACL tear, extensive loss of medial meniscus, significant degenerative arthritis, moderate patellofemoral chondromalacia, calcified loose bodies, and patellar tendinopathy. (Ex. G.) Dr. Pittman’s August 15, 2008, chart note states: “[the employee’s] occupation as a floor installer likely has lead [sic] to this advancement of his degeneration at a young age.” Dr. Pittman recommended arthroscopic surgery. (Ex. 9.)          On September 4, 2008, the employee underwent an independent medical examination (IME) conducted by Paul Cederberg, M.D., on behalf of Omni. Dr. Cederberg opined that the employee’s work injury was a...

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