ROBERT NORWICK, Employee/Appellant,
v.
MAPLEWOOD TOYOTA and MADA INS. EXCHANGE/BERKLEY RISK SERVS., INC., Employer-Insurer.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
March 18, 1999
HEADNOTES
CAUSATION
- TEMPORARY AGGRAVATION. Substantial evidence, including
the opinion of the independent medical examiner, supports the
compensation judge's determination that the
employee's admitted November 11, 1996 and November 13,
1997 work injuries were temporary aggravations of his
long-standing, pre-existing degenerative right knee
condition, and were not a substantial contributing factor to
the employee's current disability or need for knee
replacement surgery.
Affirmed.
Determined by Johnson, J., Wilson, J. and Wheeler, C.J.
Compensation Judge: Carol A. Eckersen
OPINION
THOMAS
L. JOHNSON, Judge
The
employee appeals from the compensation judge's
determination that the employee's personal injuries of
November 11, 1996 and November 13, 1997 were temporary
aggravations of his pre-existing condition, and from the
compensation judge's denial of his claims for temporary
partial disability benefits and knee replacement
surgery. We affirm.
BACKGROUND
Robert
Norwick, the employee, sustained admitted personal injuries
to his right knee on November 11, 1996 and November 13, 1997,
while working as a car salesman for Maplewood Toyota, the
employer. The employer was insured for workers'
compensation purposes by MADA Insurance Exchange,
administered by Berkley Risk Services, Inc.
The
employee first injured his right knee in approximately 1974
while playing soccer. He sought no medical care, but had
intermittent problems with his knee thereafter. On
December 3, 1984, the employee sought treatment from Dr. D.E.
Larson at Alexandria Orthopedic Associates stating he had
reinjured his right knee ten days previously playing
racquetball. Dr. Larson diagnosed a probable torn right
medial meniscus and asymptomatic patellofemoral malalignment
of both knees. The doctor performed arthroscopic surgery
on December 17, 1984. The arthroscopy revealed
a posterior bucket handle tear of the medial
meniscus. Dr. Larson removed the torn medial meniscus
"leaving the anterior horn and a stable peripheral
rim. [The] [a]nterior cruciate [ligament] was found to
be stretched out moderately without significant
instability. [A] [t]ransverse tear in the lateral
meniscus along the inner rim was resected removing no more
than 10% of the [lateral] meniscus." (Ex.
A-1.) The employee had a good recovery and was released
to resume full activity as of January 8, 1985.
The
employee returned to see Dr. Larson on December 6,
1985. He said he did well until the middle of the summer
when he reinjured his knee running bases playing
softball. The employee reported the knee locked up and
swelled and took several days to gradually unlock. In
early December 1995, the right knee suddenly locked up again
while getting up from a sitting position. The employee
reported pain with swelling and inability to straighten the
knee. A probable torn right lateral meniscus was
diagnosed, and on December 20, 1985, Dr. Larson performed a
second arthroscopic surgery on the right knee. This
surgery revealed "a bucket handle tear involving the
posterior half of the lateral meniscus. Partial lateral
meniscectomy was done through the arthroscope. [The]
[m]edial meniscus peripheral rim was smooth. [The]
[a]nterior cruciate [ligament was] again attenuated but
stretched out further. Trace Lachman's and negative
pivot shift present. Have advised the patient that he
will have to be careful with the knee with regards to
softball and basketball but that the knee should function
well for ADL [activities of daily living]." On
December 31, 1985, Dr. Larson again cautioned the employee
"against excessive use of the knee and the possibility
of a Lenox-Hill brace was discussed should he feel that full
vigorous sports are a necessity in the
future." (Ex. A-1.)
The
employee began working as a car salesman for the employer,
Maplewood Toyota, in February 1996.1 On November 11,
1996, the...