Jackson v. District of Columbia Department of Employment Services

955 A.2d 728, 2008 D.C. App. LEXIS 383, 2008 WL 4065782
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 4, 2008
Docket05-AA-1114
StatusPublished
Cited by10 cases

This text of 955 A.2d 728 (Jackson v. District of Columbia Department of Employment Services) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. District of Columbia Department of Employment Services, 955 A.2d 728, 2008 D.C. App. LEXIS 383, 2008 WL 4065782 (D.C. 2008).

Opinions

RUIZ, Associate Judge:

Petitioner, Linda D. Jackson, seeks our review of the Compensation Review Board’s (“CRB”) affirmance of the Administrative Law Judge’s (“ALJ”) denial of her claim for medical treatment and payment of medical expenses for the treatment of an injury to her left knee that she claims is the natural consequence of a work-related injury to her right knee, suffered in 2001, or, in the alternative, arose from the aggravation of a previously diagnosed medical condition triggered by the same injury at work. Because the ALJ overlooked evidence that would offer substantial support to petitioner’s claim, we reverse the CRB’s decision, and remand the case for further proceedings.

Factual Summary

Petitioner, who as of the 2003 hearing before the ALJ had worked as a Washington Metropolitan Area Transit Authority CWMATA”) bus driver for over 20 years, has a long-standing history of pain in both knees. In May 1993, her then-treating physician at Group Health Association suspected that she suffered symptoms of crepitus in both knees.1 Petitioner had pain and swelling after she hit her left knee against the steering column while driving intervenor’s bus in February 1997, for which she filed a claim. On July 2, 1997, Dr. David C. Johnson diagnosed petitioner as having a significant amount of crepitus in both knees, as well as persistent pain associated with chondromalacia of the patella (knee cap) in the left knee.2 Later that same year, on November 18, 1997, petitioner was again diagnosed at Kaiser Permanente as having bilateral knee pain.

[730]*730On December 2,1998, Dr. Tobin A. Fini-zio made similar findings of degenerative changes in the patella consistent with chondromalacia in both knees. Two days later, petitioner reported continuing bilateral anterior knee pain. On December 9, petitioner sought medical treatment at Southern Maryland Physical Therapy Services for her knees, whereupon an X-ray examination revealed arthritis in both knees.

On July 27, 1999, petitioner sought treatment from Dr. J. Michael Joly, who diagnosed her knee condition as “[sjevere symptomatic bilateral patellofemoral pain syndrome.” Up until this point petitioner’s pain had been more acute in her left knee, but she told Dr. Joly that the right knee was “catching up.” Dr. Joly opined that 80 percent of petitioner’s condition was attributable to her excessive body weight.

On February 17, 2001, petitioner again struck her knee — this time the right knee — hitting the fare box while she was on the job in the bus.3 She attempted to continue working that day, but, due to significant pain in the knee, she had to stop a few hours later. Within a few days of the incident, petitioner saw her primary care physician at Kaiser, who diagnosed her with a knee contusion, and prescribed anti-inflammatory medication, putting ice on the knee, and rest (without work) for about eight days. When petitioner reported to work at her usual position as a bus driver, she was instead given modified employment as a parking lot attendant, which required her to watch the parking lot-a position entailing only minimal walking. Petitioner worked as a parking lot attendant until approximately July 2001, when she resumed her duties as a bus driver.

Due to the worsening condition of her right knee, petitioner was referred to an orthopedic surgeon, Dr. Shaheer Yousaf, whom she first saw on August 16, 2001. Petitioner did not disclose her past history of knee problems to Dr. Yousaf. After an examination, Dr. Yousaf diagnosed petitioner’s condition as patellar contusion and recommended physical therapy. When her pain was not alleviated by that course of treatment, petitioner discussed surgical options with Dr. Yousaf. Based on a magnetic resonance imaging test (“MRI”) performed on October 8, 2001, which showed mild to moderate chondromalacia of the patella in petitioner’s right knee, petitioner underwent arthroscopic surgery of the right knee on January 22, 2002. The surgery revealed that the chondromalacia was at an advanced stage, and Dr. Yousaf de-brided the patella.4 Petitioner recuperated for several months, during which she initially walked with crutches, received injections, and participated in a rehabilitation program for strength and flexibility. By March 14, 2002, petitioner had improved by 70 to 75 percent but still had difficulty getting up from a seated position.

On May 13, 2002, approximately four months after surgery, and for the first time since she had injured her right knee on the bus in February 2001, petitioner reported left knee pain. Although there had been no specific incident or trauma that precipitated said pain, Dr. Yousafs examination found tenderness in the back of petitioner’s left knee and along the [731]*731kneecap, fluid in the knee joint, and patel-lofemoral crepitation (knee noise upon flexion and extension, see note 1, supra). Dr. Yousaf immediately ordered X-rays of the left knee joint, which revealed patello-femoral degeneration. On July 1, 2002, an examination of petitioner’s left knee revealed continued tenderness, effusion, and patellofemoral crepitations. Dr. Yousaf recommended a non-invasive course of treatment (physical therapy) for petitioner’s left knee as he had originally prescribed for the right knee, with the possibility of arthroscopic surgery in the future.

On July 29, 2002, after examining petitioner’s right knee, Dr. Yousaf determined that operating the foot controls and repetitive knee bending required in driving a bus rendered petitioner incapable of working as a bus driver because it would entail too much pushing and/or pulling on her right leg. Following Dr. Yousafs determination, petitioner returned to her position as a parking lot attendant from October 21, 2002, to April 19, 2003. The next day she resumed her usual employment as a bus operator.

After petitioner complained to Dr. Yous-af on April 15, 2003, that she was experiencing pain in both knees, intervenor referred petitioner for examinations by Dr. Louis Levitt, an independent medical examiner (“IME”). On July 30, 2002, Dr. Levitt conducted a physical examination that required petitioner to walk on her toes and heels, squat, and flex and extend her knee. Dr. Levitt found that petitioner’s “past medical history is non-contributory in any manner to her current complaints of right knee pain.” On March 25, 2003, Dr. Levitt conducted a second physical examination of petitioner, which involved the same tests as the first examination, with the exception of a straight leg raising, lumbar spine mobility and tenderness tests. In this second diagnosis, Dr. Levitt found that petitioner’s “mechanism of injury doesn’t fit her level of disability,” and, therefore, “her physical findings should not preclude [petitioner] from returning to work operating a metro bus.” Petitioner did not complain of left knee pain during either of the IME’s examinations, nor did she divulge her history of bilateral knee pain, but instead led Dr. Levitt to believe that there was none. Petitioner explained that she did not complain about her left knee symptoms because a claims adjuster had told her that anything beyond her right knee injury would be considered irrelevant to an independent medical examination.

Petitioner filed a claim for expenses related to treatment of her left knee, which was denied by the AL J.

Analysis

We review agency decisions to determine if their findings are supported by substantial evidence in the record. See RosExpress, Inc. v.

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Jackson v. District of Columbia Department of Employment Services
955 A.2d 728 (District of Columbia Court of Appeals, 2008)

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Bluebook (online)
955 A.2d 728, 2008 D.C. App. LEXIS 383, 2008 WL 4065782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-district-of-columbia-department-of-employment-services-dc-2008.