ALJ MALAMPHY AWARDS CLAIMANT WITH TEMPORARY PARTIAL DISABILITY PAYMENTS AND TEMPORARY TOTAL DISABILITY PAYMENTS

MELVIN P. COOPER V. NEWPORT NEWS SHIPBUILDING

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Excerpts

The Claimant’s duties as a ship fitter involved fitting materials for welding, drilling, and

grinding onboard vessels. (TR 15). The work involved a lot of crawling, and the Claimantdeveloped knee problems in April of 2008. (TR 15-16). The Claimant testified he reported his knee pain to the shipyard clinic and after being given a choice of physicians, he went to see Dr. Hubbard in Elizabeth City. (TR 16). The Claimant testified that Dr. Hubbard performed a total knee replacement of his left knee on July 2, 2008. (TR 16). However, the pain did not subside and was followed up by another surgery (arthroscopy) in December of 2009, which also did not alleviate the pain. (TR17). Dr. Hubbard referred the Claimant to Dr. Hines, who prescribed pain medication and physical therapy for the Claimant and, when the pain continued, referred him to Dr. Bevilacqua (TR 17). It was at about this time that the Claimant began to experience issues in his left hip (though his hip issues were unrelated to his knee injury). (TR 17-18).

Employer relies on Dr. Hubbard’s setting of permanent work restrictions on July 23,2009 to support its contention that Claimant reached maximum medical improvement on that date. However, no documentation authored by Dr. Hubbard was submitted into evidenceshowing Dr. Hubbard’s assignment of work restrictions on that date

Conclusion

The medical opinion evidence submitted supports a finding that Claimant’s ongoing knee

problems since his first knee replacement were due to an infection that resulted from that surgery. The infection and the failure of the first knee surgery to repair his knee due to his work related injury prolonged Claimant’s recovery, resulting in a continued period of temporary disability.

Based on the foregoing, I find the medical evidence does not support a finding of maximum medical improvement. No doctor has opined that Claimant reached maximum medical improvement, and his records and testimony show continued treatment that has improved his condition and continues to do so.