JCC Awards Left Knee Arthroscopy After Finding Meniscus Tear Work-Related

In De Laguardia v. Bernard Cap Co., OJCC Case No. 26-000682WJH, the claimant tripped and fell while walking through a parking lot into work. The employer/carrier accepted a left knee contusion but disputed whether the accident caused her medial meniscus tear and whether a medial meniscectomy was medically necessary.

Judge Walter J. Havers credited the authorized orthopedic surgeon and the claimant's independent medical examiner over the employer/carrier's examiner. The JCC found that the claimant had no prior left-knee pain, treatment, or injury, that the meniscus tear remained symptomatic after conservative care, and that the work accident was the major contributing cause of both the tear and the need for surgery.

The JCC ordered the employer/carrier to provide the medial meniscectomy, or left knee arthroscopy, and awarded employer/carrier-paid attorney's fees and costs for securing that benefit. The order also denied the employer/carrier's request for an expert medical advisor and its motion to exclude the claimant's medical expert testimony.

Source: Compensation Order