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Thomas v. Entergy Arkansas12/14/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Mark L. Thomas appeals from a Workers' Compensation Commission (Commission) decision denying him benefits for a total knee replacement he received after suffering an on-the-job injury while employed by appellee, Entergy Arkansas, Inc. The Commission determined that the evidence demonstrated that Thomas suffered from a pre-existing degenerative condition that eventually would have required surgery and that Thomas failed to prove by a preponderance of the evidence that treatment he received after his new injury was causally related to an earlier compensable knee injury. On appeal, Thomas argues (1) that the Commission erred in finding that the evidence does not support a finding that Thomas sustained a new injury or aggravation of his first injury, but rather, that he suffered from a pre-existing degenerative condition that would have required him to have surgery anyway; (2) that the major-cause analysis is not applicable when a claimant is only seeking medical and temporary total disability benefits; and (3) that the Commission erred in giving the testimony of Thomas's supervisors more weight and credibility than that of his two co-workers. We reverse and remand for an award of benefits.
Thomas, a twenty-six year employee of Entergy Arkansas, Inc., testified that on or about March 23, 2003, he re-injured his right knee climbing several flights of stairs while in the process of training a co-worker, Wayne Jackson. Mr. Jackson corroborated Thomas's story. Thomas had suffered a previous on-the-job compensable injury to his right knee in May of 1998 when he stepped through a threshold and hyperextended his knee. In June 1998, Thomas's physician performed an arthroscopic medial meniscectomy on his right knee after determining that he suffered from a degenerative condition as well as a tear of the medial meniscus.
On April 8, 2003, after his new injury, Thomas's family physician, Dr. Humphreys, gave him a shot, put him in a knee brace and took him off work for a couple of days. Thomas's condition did not improve, so Dr. Humphreys referred him to Dr. Young. In his deposition, Dr. Young stated that when he saw Thomas, he explained that he had been going up some steps and loaded or jammed his knee. Dr. Young explained that "axially loaded means a pretty significant compression force across the joint surface" and that the meniscus, the cartilage between the bones, is a cushion, and that if a portion is removed, there are increased stresses over the joint. He further explained that Thomas, a fairly young forty-six year old man, had a lot of wear and tear on his knee and was predisposed to problems, partially as a result of having some meniscus removed after the 1998 injury. Dr. Young performed arthroscopy on July 2, 2003. He said that he found a small tear of the medial meniscus and "pretty extensive degenerative changes in his medial compartment." After the arthroscopy, Thomas continued to limp significantly, and required a fair amount of medicine. Thomas still felt quite a lot of pain, and his limp started to cause back pain. On September 10, 2003, Dr. Young performed total knee replacement surgery on Thomas, although such a procedure is unusual for someone only forty-six years old. Thomas recovered well from the surgery, and returned to work on February 11, 2004.
Dr. Young stated that the degeneration of the knee was secondary to the lack of meniscus, and further stated "I think the incident he had on the stairs was a significant force across an already degenerative knee, and I think it exacerbated his symptoms, caused a small tear of his remaining cartilage and pretty significantly inflamed his knee." Dr. Young noted that trauma is a f
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