Morgan v. Midwest Specialized Transp., 122018 MNWC, WC18-6189

Docket Nº:WC18-6189
Case Date:December 20, 2018
Court:Minnesota
 
FREE EXCERPT
TYLER MORGAN, Employee/Appellant,
v.
MIDWEST SPECIALIZED TRANSP. and ADMIN. CLAIM SERV., INC., Employer-Insurer/Respondents,
and
BLUE CROSS BLUE SHIELD MN/BLUE PLUS, Intervenor.
No. WC18-6189
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
December 20, 2018
         CAUSATION - TEMPORARY INJURY. Substantial evidence, including medical records and expert medical opinion, supported the compensation judge's finding that the employee's work injury resulted only in a temporary hematoma and, at most, a mild and temporary aggravation of his right knee condition, both of which resolved no later than November 30, 2016, with no ongoing restrictions.           Dean Adams, Adams, Rizzi & Sween, P. A., Austin, Minnesota, for the Appellant.           Jay Hartman, Heacox, Hartman, Koshmrl, Cosgriff, Johnson, Lane & Feenstra, St. Paul, Minnesota, for the Respondents.           Determined by: Deborah K. Sundquist, Judge, Patricia J. Milun, Chief Judge, David A. Stofferahn, Judge.           Compensation Judge: Sandra J. Grove.          Affirmed.           OPINION           DEBORAH K. SUNDQUIST, Judge.          The employee appeals the compensation judge's findings and order denying the employee's claim for penalties, attorney's fees, wage loss, vocational rehabilitation, and medical benefits. As the compensation judge's findings are supported by substantial evidence, we affirm.          BACKGROUND          Tyler Morgan, the employee, age 33, has a significant history of pre-existing knee injuries. (T. 103.) At the age of 17, he injured his right leg and right knee when it sustained a severed direct blow and was pinned between a wellhead pipe and a motorcycle. At the age of 23, he twisted his right knee and reported to his doctor at the Mayo Austin Clinic that his right knee had popped out of place more than 20 times. In July 2011, he twisted his right knee again and appeared to have torn the lateral meniscus. He underwent surgery. Two years later, he was in a motor vehicle accident and placed on long term narcotics. The employee twisted his left knee while getting out of a chair in November 2013 and reported to his doctor at Olmstead Medical Center that he had a recurring bilateral knee problem. He underwent surgery to the left knee in January 2014.          In June 2015, Midwest Specialized Transportation hired the employee as an over-the-road truck driver to secure materials and haul them in a flatbed truck throughout the Midwest. He was not required to load or unload the truck. On August 30, 2016, after checking in with the receiving department at his delivery destination, the employee slipped while climbing the metal steps leading up into the truck's cab. The employee testified that he hit his right shin on the metal steps, struck his right knee on the steps, and struck his left knee on inside of the cab. He noticed immediate pain and swelling, but picked up another load and delivered it before going to the emergency room at Mayo Austin Hospital. The emergency doctor recorded as history that the employee struck his shin, six inches below his knee. No right or left knee injury is mentioned in the emergency room record.          The employee followed up on September 2, 2016, with David Paz, M.D., at Mayo-Austin. Dr. Paz noted that an emergency room x-ray showed no acute fracture in the tibia or fibula. He recorded that the employee slipped on the steps leading to the truck's cab and landed on his right knee, but there was again no mention of a left knee injury. The impression was contusion of the right leg, right leg and knee pain and swelling, and right knee joint limitation of motion. Dr. Paz ordered an MRI and took the employee off work. The employee again sought emergency room care on September 4, 2016, complaining of right leg swelling and pain. The history taken on that date states that the employee struck his anterior shin on a step; the employee denied any other injury from the...

To continue reading

FREE SIGN UP