JIMMY J. LOUPE, JR., Employee/Appellant,
v.
MCNEILUS STEEL, INC. and CREATIVE RISK SOLUTIONS, Employer-Insurer/Respondents.
No. WC18-6175
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
September 11, 2018
MEDICAL
TREATMENT & EXPENSE – TREATMENT PARAMETERS; RULES
CONSTRUED – MINN. R. 5221.6100. Where the employee had
a good recovery from surgery in 2013, where post-surgical
x-rays that year showed a stable replacement, where annual
examinations and x-rays each year through 2016 showed no new
or altered findings, and where there were no new symptoms or
knee issues reported in 2017 requiring radiographic findings
for diagnosis or treatment, substantial evidence supported
the finding that a further x-ray at the 2017 annual
examination was simply a routine, repeat x-ray which was not
authorized under the medical treatment parameters.
Thomas
A. Atkinson and Dana L. Gerber, Atkinson Law Office, Arden
Hills, Minnesota, for the Appellant.
Thomas
A. Atchison and Mackenzie R. Moy, Heacox, Hartman, Koshmrl,
Cosgriff, Johnson, Lane, & Feenstra, St. Paul, Minnesota,
for the Respondents.
Determined by: Deborah K. Sundquist, Judge, Patricia J.
Milun, Chief Judge, Gary M. Hall, Judge
Compensation Judge: Miriam Rykken
Affirmed.
OPINION
DEBORAH K. SUNDQUIST, Judge.
The
employee appeals the compensation judge’s conclusion
that payment for an x-ray administered four years after the
employee underwent knee surgery due to a work-related injury
was precluded under the medical treatment parameters.
Affirmed.
BACKGROUND
Jimmy
J. Loupe, Jr., injured his right knee while working for the
employer, McNeilus Steel, Inc. The employer and its insurer,
Creative Risk Solutions, admitted liability and paid
benefits. In 2016, the parties entered into a stipulation for
settlement. Although otherwise a full, final, and complete
settlement, medical treatment and expenses were left open
subject to defenses.
Following
the injury, the employee moved to Louisiana where he began
treating in 2012 with Chad Millet, M.D., an orthopedic...
