Kent v. LeSueur, Inc., 041399 MNWC,

Case DateApril 13, 1999
CourtMinnesota
KENNETH D. KENT, Employee/Appellant,
v.
LESUEUR, INC., and LIBERTY MUT. INS. CO., Employer-Insurer,
and
LESUEUR, INC., and STATE FUND MUT. INS. CO., Employer-Insurer,
and
HRI for FIRST HEALTH, Intervenor.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
April 13, 1999
         HEADNOTES          CAUSATION - TEMPORARY AGGRAVATION; CAUSATION - PRE-EXISTING CONDITION. Substantial evidence, including the opinions of two physicians, supported the compensation judge's conclusion that the employee's underlying pre-existing osteoarthritis was not permanently aggravated by his work activities or work injuries and that the employee's disability and need for treatment for the period at issue was not causally related to any work-related knee condition.          Affirmed.           Determined by Wilson, J., Johnson, J., and Wheeler, C.J.           Compensation Judge: Rolf G. Hagen           OPINION           DEBRA A. WILSON, Judge          The employee appeals from the compensation judge's findings as to the causation of the employee's knee condition and resulting disability. We affirm.          BACKGROUND          The employee began working for LeSueur, Inc., [the employer], a foundry, in January of 1984. In 1993, he started an assignment with the employer as a "Die Cast Molder," which involved running and removing parts from a large machine. Performing this work required the employee to do a significant amount of standing, twisting, turning, and climbing onto and off of platforms. In addition to his work for the employer, the employee has had his own business for many years, plowing snow in the winter and mowing lawns in the summer.          Medical records suggest that the employee has a history of joint symptoms dating back to childhood, when he was apparently diagnosed with juvenile rheumatoid arthritis. More recently, in 1991, he was treated for an infection in his right knee apparently originating with a small scrape or puncture wound. However, the first knee treatment relevant to this proceeding occurred on May 30, 1996, when the employee sought care for aching joints, especially in the right knee. Over the next two and a half years, he was evaluated or treated for knee symptoms by several physicians, including Daniel Borgen, William Shores, Steven Curtis, Peter Daly, and Thomas Raih. All physicians essentially agree that the employee has degenerative osteoarthritis in both knees; whether this condition has been aggravated or accelerated by the employee's work activities or by work injuries is disputed.          On May 5, 1997, the employee's primary treating physician, Dr. Curtis, performed arthroscopic surgery to repair a meniscus tear in the employee's left knee. On June 2, 1997, shortly after his return to work after this surgery, the employee tripped on an extension cord on the job, and he subsequently experienced additional left knee symptoms. In August of 1997, Dr. Curtis released the employee to return...

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