In re Compensation of Stallsworth, 012921 ORWC, 19-01196

Case DateJanuary 29, 2021
CourtOregon
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...

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