Angstadt v. Workers' Compensation Appeal Board2/12/2002
Submitted: December 21, 2001
OPINION NOT REPORTED
Philip Angstadt (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) which affirmed the Workers' Compensation Judge's (WCJ) denial of benefits.
Claimant worked as a truck driver for W.C. McQuaide (Employer). He also worked on weekends as a bus driver for Kline's Bus Service (Kline). On August 19, 1999, Claimant was working for Employer when his left knee "snapped" while he crouched and pulled a trailer door. Claimant continued working for Employer until September 8, 1999, when the pain became too severe.
Claimant informed Employer of his alleged injury. Employer issued a notice of compensation denial on September 24, 1999. Claimant stopped working for Kline on October 5, 1999. Claimant underwent knee surgery on October 12, 1999. On October 8, 1999, Claimant petitioned for benefits and alleged that he suffered a "Medical meniscus tear left knee" on August 19, 1999, when his left knee "cracked, popped and snapped" as Claimant climbed up into the trailer. Claim Petition, October 8, 1999, at 1; Reproduced Record (R.R.) at 2a.
Claimant described the occurrence of his injury. He testified that he stopped working for Employer because the pain in his knee was too severe. Notes of Testimony, November 15, 1999, (N.T.) at 5, 7; R.R. at 10a, 12a. Claimant stated that he stays off the leg as much as he can and uses crutches. N.T. at 12; R.R. at 17a. On cross-examination, Claimant admitted that he walked with a limp for approximately two years before August 19, 1999, and took two or three Advil a day for approximately two months before August 19, 1999, to relieve discomfort in his left leg. N.T. at 15, 17; R.R. at 20a, 22a.
Claimant presented the deposition testimony of John R. Donahue, M.D. (Dr. Donahue), a board-certified orthopedic surgeon and Claimant's treating physician. Dr. Donahue first examined Claimant on September 14, 1999, and took a history. Dr. Donahue treated Claimant two more times before performing arthroscopic surgery on Claimant's left knee on October 12, 1999. Dr. Donahue testified that the surgery revealed that Claimant had a "torn left medial meniscus, a torn lateral meniscus, synovitis and degenerative joint disease of the left knee." Deposition of John R. Donahue, January 17, 2000, (Dr. Donahue Deposition) at 11-12; R.R. at 43a-44a. As part of the surgery, Dr. Donahue removed the torn parts of the medial and lateral meniscus. Dr. Donahue Deposition at 12; R.R. at 44a. Dr. Donahue's diagnosis was a cartilage tear of the medial meniscus superimposed on pre-existing degenerative changes of the knee. Dr. Donahue related the surgery to the incident of August 19, 1999. Dr. Donahue Deposition at 15; R.R. at 47a. Dr. Donahue testified within a reasonable degree of medical certainty that Claimant could not return to work with Employer and was not fully recovered from the August 19, 1999, incident. Dr. Donahue Deposition at 15, 17; R.R. at 47a, 49a.
Employer presented the deposition testimony of Menachem M. Meller, M.D. (Dr. Meller), a board-certified orthopedic surgeon. On December 27, 1999, Dr. Meller examined Claimant, took a history, and reviewed medical records. Dr. Meller testified that the essence of Claimant's knee injury was arthritis and obesity though he did state that the incident of August 19, 1999, was a relatively small additional force on his arthritic knee. Dr. Meller testified that the arthroscopic surgery was unnecessary and that Claimant could return to work with Employer. Dr. Meller Deposition at 27-28; R.R. at 97a-98a.
The WCJ denied and dismissed Claimant's petition. The WCJ made the following
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