PATTY M. OTTO, Employee,
v.
MIDWEST OF CANNON FALLS and FIREMANS FUND INS. CO., Employer-Insurer/Appellants,
and
MEDICA/HEALTHCARE RECOVERIES, Intervenor.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
January 28, 1999
HEADNOTES
ARISING
OUT OF & IN THE COURSE OF - SUBSTANTIAL EVIDENCE. The
employee's testimony, coupled with expert medical opinion
concluding that the employee's injury was work-related,
provide minimally adequate support for the compensation
judge's determination that the employee suffered a
work-related injury on November 7, 1995.
ARISING
OUT OF & IN THE COURSE OF - PROHIBITED ACT. The
compensation judge properly concluded that the receipt of
compensation benefits for the July 13, 1996 injury was not
barred by a safety rule prohibiting employees from standing
or walking on pallets.
Affirmed.
Determined by: Johnson, J., Hefte, J., and Pederson, J.
Compensation Judge: Ronald E. Erickson
OPINION
THOMAS
L. JOHNSON, Judge
The
employer and insurer appeal the compensation judge's
finding that the employee sustained two work-related injuries
to her right knee and the consequent award of
benefits. We affirm.
BACKGROUND
Patty
M. Otto, the employee, went to work for Midwest of Cannon
Falls, the employer, in July 1989. (T. 24.) The
employer warehouses and ships giftware items. The
employee began work as a picker/packer which entailed
extensive walking throughout the warehouse. (T.
24-25.) The job required the employee to go to bins,
pick products off the shelves and pack them into boxes for
shipping to customers. Individual items weighed from two
to three pounds and the average weight of a case of items was
10 to 15 pounds. (T. 70, 87-88.) The employee
performed this job until 1995 when she was promoted to a lead
position. This job required the employee to pick full
cases of product and stock them on pallets, direct other
workers and help with problems. (T. 26.) This job
also required extensive walking. (T. 27.)
On July
10, 1995, the employee was treated at the River Valley Clinic
for "soreness on the medial side of the knee over the
last 12 weeks. Denies any trauma, denies any locking or
buckling." The doctor's examination was normal
and the diagnosis was nonspecific patellofemoral
pain. (Pet. Ex. B-3.) The clinic note did not
specify whether the employee was complaining of left or right
knee pain. The employee did not recall which knee was
bothering her. (T. 46-47.) The compensation judge
found the employee sought treatment on July 10, 1995 for her
right knee but found she did not experience continuing
problems from and after July 10, 1995. (Finding
4.) This finding was unappealed.
On
November 7, 1995, the employee testified she was
"walking in the shipping area and my right knee locked
up." (T. 28.) At that time, the employee was
walking away from her supervisor's desk, moving in a
straight line on a smooth, level concrete floor. She was
not carrying anything at the time, did not step over or
around anything and did not slip, trip or stumble in any
way. The employee testified she was having no ongoing
difficulty with her knee and was able to perform all of her
duties prior to that time. (T. 48-50.) The employee
reported the incident to her supervisor who prepared an
accident investigation report. (Resp. Ex.
2.) Initially, the knee "kind of stung," but
gradually became more painful and symptomatic. (T. 29,
53.)
On
November 22, 1995, the employee sought medical attention for
her right knee with Dr. Halvorson at the River Valley
Clinic. The doctor noted the employee "twisted her
knee at work on 11-15-95 while walking. Pain in the
medial portion of her right knee. The knee feels weak,
and since that time, she has noticed more pain and she has
been doing more walking. The knee has not locked on
her. She has not had a similar episode. She has not
had the same problem in the past." Dr. Halvorson
diagnosed possible knee strain with a possible mild
compression of the medial meniscus. The doctor allowed
the employee to continue with her regular duties at work,
recommended Advil and warm packs and asked the employee to
return in a month. (Pet. Ex. B-3.) The employee
returned to the River Valley Clinic on December 22, 1995 and
saw Dr. Podratz. The doctor noted: "Work Comp from
Midwest in Cannon Falls, here to recheck on knee which
continues to be painful. Two month old injury - - please
see note of 11/22/95 by Dr. Halvorson. Twisting injury
with possible meniscal injury." Dr. Podratz
diagnosed a resolved sprain/strain, patellofemoral syndrome,
probable medial meniscal injury. The doctor advised the
employee to wear a knee sleeve on a regular basis and to lose
weight. (Pet. Ex. B-3.)
On
January 16, 1996, the employee saw Dr. Nils Fauchald, an
orthopedic surgeon. The doctor recorded the following
history:
The [employee] states that on 11-07-95, just walking at
Midwest of Cannon Falls, she felt a sharp knife-like pain in
the anteromedial aspect of her left1 knee. Said the pain
lasted for just a few minutes but subsequently the knee
swelled and actually has continued to swell since that
time. Pt. says that when she had the sharp pain it was
like the knee locked up on her and she could neither bend nor
straighten it for a few minutes. Then it gradually just
gave way, not with a mechanical release, but just
gradually. Patient said the same thing happened on
1-09-96, again walking at work on cement floor, when she just
stepped over a small rise in the floor. Once again the
knee locked in a similar manner.
An
x-ray of the knee was negative. Dr. Fauchald diagnosed a...
