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Feed Store Cafe v. Baker2/20/2002
NOT DESIGNATED FOR PUBLICATION
Appellant Feed Store Café appeals a decision by the Full Commission of the Arkansas Workers' Compensation Commission that found that medical services provided to appellee Diane Baker, including arthroscopic surgery, represented reasonably necessary medical services related to appellee's compensable right-knee injury. Appellant contends on appeal that the Commission's decision is not supported by substantial evidence and that the Commission erred in not finding that appellee's condition was the result of a non-work related independent, intervening cause. We affirm.
Factual and Procedural History
On December 27, 1997, while in the employ of appellant, appellee stepped into a box and fell onto her right knee. In a previous opinion dated February 25, 2000, the administrative law judge (ALJ) found that appellee sustained a compensable injury to her right knee. Appellant was held liable for expenses incurred as a result of treatment rendered to appellee's right knee by and at the direction of Dr. Malek Karassi and Dr. James Arnold. Appellee was also awarded temporary total disability benefits for the period of December 28, 1997, through March 5, 1998.
Appellant paid temporary total disability benefits and expenses associated with treatment appellee received from Dr. Karassi and Dr. Arnold that were incurred prior to the date of the February 25, 2000 opinion. However, appellant controverted appellee's entitlement to any additional benefits. As a result, the parties appeared before the ALJ for a second time on October 16, 2000.
Appellee testified at the October hearing that she sought additional treatment from Dr. Arnold on April 25, 2000, because her knee condition was getting worse. She testified that her legs were getting weaker and she could hardly get up and down out of a chair; that she could not walk up and down stairs; and that she had backaches, back pain, muscle spasms, and knots in her legs. According to appellee, these were the same problems that she experienced before the February 25, 2000, opinion. Appellee testified that before she visited Dr. Arnold on April 25, 2000, she had last seen a physician for her knee on March 15, 1998. She denied experiencing a fall in November of 1999, or having surgery on her knee.
The physician notes of appellee's treating physician, Dr. Arnold, were introduced into evidence. A clinic note dated April 25, 2000, diagnosed appellee with a probable posterior horn medial meniscus tear of undetermined size. The note stated that appellee was still having problems with her knee, including posterior joint pain that was located primarily in the hamstring insertion with some catching, giving way, and weakness with activity. The next note, dated May 30, 2000, stated that appellee "is still having clicking and lateral joint line pain." The note relayed that although appellee's 1998 MRI did not reveal an obvious tear, "she has an audible click in her lateral joint line." Under impression, the note states "lateral meniscus tear." The recommendation section read: "we talked about arthroscopy and I think this is probably the best route for her at this time. She wants to get back to work and I believe arthroscopic surgery would be the best method of treatment."
Appellant introduced into evidence the medical records of Dr. Rebecca Barrett. A December 16, 1999 progress note states:
she says back in December of 1997 she fell and had an injury to her knee and also hurt her back at the time but the emphasis was on that knee. She's had some surgery on it and is now seeing Dr. Arnold. He is trying to do physical therapy and then will repeat a MRI and possible thera
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