GERALD N. RANSOM, Employee,
v.
FORD MOTOR CO., SELF-INSURED, Employer/Appellant.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
April 21, 1999
HEADNOTES
PERMANENT
PARTIAL DISABILITY - KNEE; PERMANENT PARTIAL DISABILITY -
COMBINED RATINGS; RULES CONSTRUED - MINN. R. 5223.0510,
SUBPS. 1. and 3. The combining of ratings for categories
within Minn. R. 5223.0510, subp. 3, is neither precluded by
Minn. R. 5223.0510, subp. 1, nor otherwise improper per se,
where one of the categories at issue is not a lesser included
category.
Affirmed.
Determined by: Pederson, J., Johnson, J. and Hefte, J.
Compensation Judge: Harold W. Schultz, II
OPINION
WILLIAM R. PEDERSON, Judge
The
self-insured employer appeals from the compensation
judge's rating of the employee's permanent partial
disability. We affirm.
BACKGROUND
Gerald
Ransom is a long-time employee of the Ford Motor Company,
with which he has sustained several different work-related
injuries, including a left knee injury in about 1983, a low
back injury in July 1987, and a right knee injury on May 1,
1995. On the date of the latter injury, Mr. Ransom [the
employee] was about forty-nine years old and was working as
an assembler in the paint department at the Ford Company [the
employer], at a weekly wage of $900.00. The employer
admitted liability for the injury and commenced payment of
medical expenses and other workers' compensation
benefits. Subsequent to the injury, the employee was
treated by orthopedic surgeon Dr. Jack Bert, whose treatment
included arthroscopic surgery. When symptoms continued,
the employee sought treatment with Dr. Richard Ivance, who
performed a second arthroscopic surgery in November of
1995. In April of 1996, the employer paid the employee
compensation for a permanent impairment of 6% of the body as
a whole, pursuant to Minn. R. 5223.0510, subp. 3.B.(4), which
rates permanent knee impairment associated with removal of
"more than 50 percent of both cartilages."
The
employee's right lower extremity symptoms continued
throughout 1996, and in January 1997 Dr. Ivance performed a
tibial osteotomy in a further attempt to relieve the
symptoms. On August 19, 1997, the employee filed a Claim
Petition, in which he alleged entitlement to temporary total
disability benefits and penalties arising out of his July
1987 low back injury and his May 1995 right knee
injury. On September 9, 1997, the employee was examined
for the employer by Dr. Joseph Tambornino. Dr.
Tambornino's history included reference to "a 1983
work injury" that the employee "could not recall
any details of" and to a left knee injury "fifteen
years ago at work," which had apparently responded well
to subsequent arthroscopic surgery by Dr. Bert. Dr.
Tambornino opined that the employee was able to work with
only moderate restrictions based on his right knee injury,
and he did not address the issue of consequent permanent
partial disability.
On
March 9, 1998, Dr. Ivance signed a Health Care Provider...
