Workers' compensation: Employee entitled to compensation for preexisting condition

Workers' compensation: Employee entitled to compensation for preexisting condition

In a recent workers' compensation case, the Arkansas Court of Appeals held that a roofing employee's knee injury that was caused by the aggravation of a preexisting condition was compensable.

Joey Hopkins worked for Harness Roofing, Inc., for 11 years. He worked as a foreman for the last 6 years of his employment. He sustained compensable injuries to his right knee in 2007 and 2008. Both injuries were described as medial meniscus tears with effusion and cartilage damage. Dr. Terry Sites, an orthopedic surgeon, performed arthroscopic surgery for both injuries. Hopkins recovered fully from the injuries.

On September 16, 2010, as Hopkins was stepping onto a higher elevation on a roof, he felt "a tear" and pain in his right knee. The injury was promptly reported to his employer. The following day, he visited Dr. Corey Jackson for the pain. A medical record dated September 17, 2010, stated that Hopkins had pain and a limited range of motion in his right knee with effusion. The physician prescribed an anti-inflammatory medication and a knee brace.

Ten days later, Hopkins visited Jackson for a follow-up appointment. Medical records indicated that Hopkins' knee was about 25 percent healed and that his knee locked up approximately 20 times a day. Jackson kept Hopkins on the same treatment plan.

Hopkins returned for another follow-up appointment 3 weeks later. Medical records stated that the pain in his right knee was about the same. The records indicated that Hopkins could do pretty well on flat ground and that his knee was still locking up six or seven times a day. Jackson referred Hopkins to an orthopedic surgeon.

Hopkins was referred to Sites for his new injury. Medical records dated November 3, 2010, stated that Hopkins returned to Sites' clinic after sustaining a new work-related injury. Sites noted that Hopkins initially felt a sudden sharp pain in his right knee.

Then his knee locked up, and he was unable to fully extend it. Sites also noted that Hopkins took time off work and that Jackson had prescribed anti-inflammatory medication, which helped the injury.

Sites noted, "Over the last couple of years, until [the] most recent injury, [Hopkins'] knee has felt essentially normal to him. He had previous significant [cartilage damage] and had been doing well until [the] recent event." After an examination, Sites' impression was that Hopkins had a possible meniscus tear or free-floating bodies in his knee or that the cartilage injury had progressed.

The surgeon prescribed conservative treatment, including anti-inflammatory medications and a home exercise program. Hopkins was advised to return in 4 weeks. Sites noted, "With ongoing difficulties at that time, I would recommend rescoping his knee." The doctor reported his findings and treatment plan to Gallagher-Bassett, Harness Roofing's third-party administrator.

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Workers' compensation: Employee entitled to compensation for preexisting condition