Regina Parker and Emily LaGreca successfully defended an appeal filed by Claimant with regard to a twenty-year-old left knee injury which required surgery.

The parties stipulated that Claimant’s 2005 work injury was best described as a left knee medial meniscus. Subsequently, they stipulated that Claimant stopped working in February of 2013 for a left knee surgery, that the 2005 work-related injury caused Claimant to be removed from work, and that Claimant returned to work with a different employer in May of 2013 at no loss of earnings. Employer successfully obtained a termination of benefits by establishing that Claimant’s ongoing complaints of pain were attributable to his degenerative joint disease (tricompartmental osteoarthritis), rather than any residuals of the accepted medial meniscus tear. Claimant appealed, arguing that Employer’s medical expert failed to address all accepted injuries, contending that Employer had accepted degenerative joint disease through the stipulation regarding surgery, and therefore, Employer was required to prove recovery from the degenerative condition and the left knee meniscus tear.

The WCAB found Emily’s arguments in the brief, as well as during oral argument, to be persuasive and soundly rejected Claimant’s assertions, affirming the WCJ’s findings. The WCAB rejected the argument that degenerative joint disease was an accepted injury, finding that the stipulations were limited to accepting a left knee medial meniscus tear and accepting the fact that Claimant underwent a work-related left knee surgery. The stipulation did not address the nature or cause of the surgery. The WCAB further found Employer’s medical expert credible and unequivocal in opining that Claimant had fully recovered from the medial meniscus tear and that any ongoing symptoms were related to Claimant’s progressive degeneration in the left knee.  This is a great result as it is difficult for an employer to win in general, but especially in cases where there is an old injury, which is complicated by degeneration.

Questions regarding this case can be directed to Regina Parker at rparker@tthlaw.com or 267.861.7594 or Emily LaGreca at llagreca@tthlaw.com or 267.861.7589.