Thursday, August 2, 2012

Claimand Awarded Temporary Total Disability and Permanent Partial Disability for Knee Injury (ALJ Bergstrom)


Read Full Decision Here


Claimant’s Contentions:
Counsel for the Claimant argues that the June 11, 2010 work injury aggravated the Claimant’s
pre-existing right knee injury. Counsel argues the definition at § 902(2) of the Act includes an aggravation as an injury, and therefore the Claimant is entitled to the presumption at § 920(a).Therefore, the period of temporary total disability in question and the Claimant’s resulting 31%permanent partial disability rating in the right lower extremity are due to his June 11, 2010 work
Employer’s Contentions:
Counsel for the Employer argues that the right knee replacement surgery and resulting period of disability were due to the Claimant’s 1982 injury, and not caused or aggravated by the June 11, 2010 injury. In support of their argument Counsel notes that the total right knee replacement surgery was scheduled before the Claimant’s June 11, 2010 injury. Additionally, Counsel argues the Claimant has a 31% permanent partial impairment to his right lower extremity.

This Administrative Law Judge had found that the total knee replacement surgery was due to the natural progression of the Claimant’s January 22, 1982 work-related injury. Consequently, the resulting 31% right lower extremity permanent partial impairment rating is based on the Claimant’s January 22, 1982 right knee injury.

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