Norwick v. Maplewood Toyota, 031899 MNWC,

Case DateMarch 18, 1999
CourtMinnesota
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...

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