73 VanNatta 80 (2021)
In the Matter of the Compensation of TED W. STALLSWORTH, Claimant
WCB No. 19-01196
Oregon Worker Compensation
January 29, 2021
DiBartolomeo Law Office PC, Claimant Attorneys.
SAIF
Legal Salem, Defense Attorneys.
Reviewing Panel: Members Curey, Ousey, and Wold. Member Curey
dissents.
ORDER
ON REVIEW
Claimant
requests review of Administrative Law Judge (ALJ) Otto's
order that upheld the SAIF Corporation's denial of
claimant's new/omitted medical condition claim for a left
knee staphylococcal infection. On review, the issue is
compensability. We reverse.
FINDINGS
OF FACT
We
adopt the ALJ's "Findings of Fact," as
summarized and supplemented below.
In
October 2017, while working as a truck driver, claimant
slipped and struck his left knee. (Ex. 6). Four days later he
sought treatment for left knee pain and swelling. (Ex. 4).
In
mid-December 2017, claimant began treating with Dr. Bales (an
orthopedic surgeon), who noted intermittent left knee pain.
(Ex. 7-1). He also recorded that claimant's integumentary
system was warm, dry, and pink. (Ex. 7-2). A late December
2017 MRI report documented mild degenerative changes, edema,
and joint effusion. (Ex. 8-2).
In
January 2018, SAIF accepted a left knee contusion. (Ex. 10).
Dr.
Bales performed left knee arthroscopic surgery in January
2018. (Ex. 12). Before the surgery, Ms. Rizzo, a nurse
practitioner, noted that claimant's skin was warm, dry,
and pink, and that he did not have any rashes or lesions.
(Ex. 11-1). During surgery, Dr. Bales observed
chondromalacia, compartment chondral tearing, and a lateral
meniscus anterior horn tear. (Exs. 12,27). After surgery, Mr.
Larsen, a physician's assistant, noted that
claimant's integumentary system was warm, dry, and pink.
(Ex. 13-1). Claimant's left knee symptoms improved
following the surgery. (Exs. 13-16).
[73
VanNatta 81] In April 2018, Dr. Bales noted worsening
left-knee pain and injected claimant's left knee with
Xylocaine and Kenalog. (Ex. 16-1).
In May
2018, claimant reported knee pain while working. (Exs. 16A -
16F). He received a steroid injection, which improved his
symptoms. (Ex. 16D).
In June
2018, Dr. Bales considered claimant medically stationary and
released him to regular work. (Exs. 18, 19).
At the
end of September 2018, claimant went hunting with his
daughter. (Tr. 14). He experienced swelling in his left knee
and had difficulty driving and performing tasks. (Tr. 14, 15,
18, 24, 25). They went home early because claimant was not
feeling well. (Tr. 18, 19). Over the next few days, claimant
experienced overwhelming left knee pain. (Tr. 14, 15).
In
early October 2018, he sought treatment from Ms. Zak, a nurse
practitioner, who noted increasing left knee pain and
swelling and prescribed an oral steroid. (Ex. 19A). She also
recorded that claimant did not have a rash, abrasions, or
petechiae on his skin. (Id.)
Approximately
a week later, Dr. Bales noted increasing knee pain and
swelling, edema, and fluid collection. (Ex. 20). An October
2018 MRI report identified edema and multiple intramuscular
fluid collections, stating that these may represent
infectious or inflammatory myositis or septic arthritis. (Ex.
21). Two days later, claimant returned to Dr. Bales, who
noted increasing knee pain. (Ex. 22). He referred claimant to
Dr. Beaman, an orthopedic surgeon. (Ex. 23-1).
In
October 2018, Dr. Beaman noted increasing pain and swelling
and diagnosed left knee septic arthritis. (Exs. 23, 24). He
performed left knee surgery, including arthroscopic
irrigation, debridement, and lavage. (Ex. 24). That same
month, Dr. Bong, an infections disease specialist, diagnosed
a left knee staphylococcal infection. (Ex. 25-3).
In
February 2019, SAIF accepted a left knee lateral meniscus
anterior horn tear, but denied left knee medial compartment
chondral tearing, left knee lateral compartment chondral
tearing, and a left knee staphylococcal infection. (Exs. 28,
29). Claimant requested a hearing on the "left knee
staphylococcal infection" portion of SAIF's denial.
[73
VanNatta 82] In April 2019, Dr. Beaman opined that the
January 2018 surgery was the likely cause of claimant's
left knee staphylococcal infection. (Ex. 30-1). He explained
that the infection settled in the damaged meniscal tissue
caused by the surgery. (Ex. 30-2). Reasoning that this
particular bacteria species was not fast growing and could
take months to cause symptoms, Dr. Beaman stated that the
lack of subjective reports or signs of infection during Dr.
Bales's June 2018 examination did not rule out
claimant's postarthroscopic surgery infection.
(Id.)
In
April 2019, Dr. Mangum, an internal medicine physician,
examined claimant on SAIF's behalf. (Ex. 31). He opined
that claimant's infection was not related to the January
2018 surgery. (Ex. 31-8). He explained that the usual
incubation time for this type of infection was two to ten
days, whereas claimant developed an infection...