No. 00-61459 (2002). Caritas v. Fischer.

• Case Date: May 29, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-61459 (2002). Caritas v. Fischer CARITAS PETITIONER vs. MARILYN FISCHER and HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: May 29, 2002CLAIM NO. 00-61459APPEAL FROM HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Caritas appeals from the decision of Hon. Roger D. Riggs, Administrative Law Judge ("ALJ"), finding Marilyn Fischer ("Fischer") to have sustained a work-related injury to her knee on August 23, 2000, and as a result of that knee injury she ultimately underwent a total knee replacement, which he found resulted in Fischer being totally occupationally disabled. Fischer worked for Caritas for 23 years. At the time of the alleged injury, she was working in the medical records department. On July 24, 1999, while pulling a medical chart and having to tug harder than normal, Fischer experienced problems with her neck. She had previously sustained an injury to her neck in June of 1994 which resulted in a C6/7 diskectomy. Although she had some residual discomfort from that time, she experienced nothing similar from 1995 until the incident in July of 1999. Fischer was taken off work and underwent surgery on the cervical spine in May of 2000. She remained off work until August of 2000. Approximately eight days after returning to work, Fischer got up to obtain a medical record and, as she turned to returned to her desk, twisted her knee. She experienced pain but continued to work thinking it was not that much of a problem. The following morning she awoke to get ready for work and noticed her knee was hurting a great deal more. She then called her office letting them know she was going to see a physician and she did see Dr. Eugene Jacob. Fischer testified she had never previously had problems with her knee. Fischer was initially treated conservatively and then had arthroscopic surgery with some initial improvement but subsequently her condition deteriorated with greater pain. As a result, Fischer eventually underwent a total knee replacement. She has not been able to return to work, was released by her treating physician, has constant knee pain, and limitation of motion. The pain and restrictions prevent her from returning to work according to her testimony. Fischer is 59 years old. Although the 1999 neck injury was included as part of the initial application, the ALJ concluded Fischer had no additional disability from that condition and with the restrictions from the neck injury alone she would be able to return to work. We will therefore not discuss...