ALJ ROSENOW AWARDS CLAIMANT TEMPORARY TOTAL DISABILITY FOR FALL AT WORK

RICKIE DECUIR v. PERFORMANCE AIR SERVICES, LLC and LOUISIANA WORKERS’ COMP. CORP
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Excerpts

Claimant alleges he injured his knee at work on 4 Feb 10. He concedes he was able to work for a period immediately following, but argues that he  later  became temporarily totally disabled and remains so. He seeks temporary total disability benefits from Sep 10 and medical benefits. Employer disputes that the initial injury occurred and in the alternative argues Claimant had fully recovered and suffered no disability by Jul 10.
Though the parties did not agree on the matter of maximum medical improvement at the hearing, Employer stated in brief that they stipulated Claimant had not reached MMI. Claimant did not make the same claim, but seeks further medical treatment. I will assume for the purposes of this order that  the matter of whether or not Claimant has reached MMI is not being litigated.

A claimant need not affirmatively establish a causal connection between his work and the harm he has suffered, but rather need only show that: (1) he sustained physical harm or pain, and (2) an accident occurred in the course of employment, or conditions existed at work, which  could have caused the harm or pain.These two elements establish a  prima facie case of a compensable injury supporting a claim for compensation.

Conclusion

The doctors who examined Claimant were unanimous in finding that any other knee problems were due to age-related degeneration and Claimant’s knock-kneed genetic condition. Moreover, Claimant likely caused greater damage to his knee while working at home in July 2010, in crouching and crawling positions, than he did by falling at work. Claimant testified these home activities caused his knee to swell up, and that it started popping and dislocating after that. Dr. Elias—who saw Claimant both before and after these activities—agreed that some part of Claimant’s condition was due to them rather than the fall at work. Dr. Bernard testified that a direct impact like a fall would not cause internal derangement of the knee. 


Judge Rosenow found that as of 23 Jun 10, Claimant is no longer able to sustain his burden and establish that it was more likely than not that he was unable to return to his original job. Claimant was therefore temporarily totally disabled from 21 Mar 10 to 23 Jun 10 because of the effects of falling on his left knee at work on 4 Feb 10. As of 23 Jun 10, he no longer suffered any disability.