Krupla, Douglas v. Eagle Transport Corp.

2018 TN WC 142
CourtTennessee Court of Workers' Compensation Claims
DecidedSeptember 7, 2018
Docket2018-05-0267
StatusPublished

This text of 2018 TN WC 142 (Krupla, Douglas v. Eagle Transport Corp.) is published on Counsel Stack Legal Research, covering Tennessee Court of Workers' Compensation Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krupla, Douglas v. Eagle Transport Corp., 2018 TN WC 142 (Tenn. Super. Ct. 2018).

Opinion

FILED Sep 07, 2018 10:58 AM(CT) TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

TENNESSEE BUREAU OF WORKERS’ COMPENSATION IN THE COURT OF WORKERS’ COMPENSATION CLAIMS AT MURFREESBORO

DOUGLAS KRUPLA, ) Docket No. 2018-05-0267 EMPLOYEE, ) v. ) ) EAGLE TRANSPORT CORP. ) State File No. 62286-2017 EMPLOYER, ) and ) ) GREAT WEST CAS. CO., ) Judge Dale Tipps

EXPEDITED HEARING ORDER GRANTING BENEFITS

This matter came before the Court on August 29, 2018, for an Expedited Hearing. The present focus of this case is whether Mr. Krupla is entitled to the total knee replacement surgery ordered by Dr. Michael Jordan, his authorized treating physician (ATP). The central legal issue is whether he is likely to establish at a hearing on the merits that his need for total knee replacement resulted from a compensable aggravation of a preexisting condition. For the reasons below, the Court finds that Mr. Krupla would likely meet this burden and orders Eagle Transportation to provide the recommended surgery.

History of Claim

Mr. Krupla worked for Eagle Transportation as a truck driver. He testified that his job required significant physical capabilities, including climbing and heavy lifting, which he performed with no problems before his work accident. Although he had some prior issues and treatment involving his left knee, those had resolved, and he was having no pain or difficulty with his knee until August 15, 2017.

On that date, Mr. Krupla attempted to step up into his truck when the step gave way, catching his boot and causing his left knee to bend and pop. He fell to the ground, suffering multiple injuries. Eagle accepted the claim and provided medical and

1 temporary disability benefits.

Medical Treatment

Mr. Krupla’s medical treatment began at St. Thomas Rutherford Hospital on the day of the accident. Emergency room records show that he reported pain in his thoracic spine, left knee, and right groin.

After his discharge from the ER, Eagle provided a panel of physicians, and Mr. Krupla selected Concentra. His treatment there included several visits for pain in his back, groin, and left knee. He testified that, even though Concentra’s records did not always reflect it, he experienced increasing pain in his left knee throughout the course of his treatment. Mr. Krupla felt that the Concentra doctors were more concerned about his back until he insisted they address his knee problem.

Concentra’s records show Mr. Krupla’s first visit was August 17, when he saw Dr. William Dutton. Dr. Dutton noted complaints of pain in the right shoulder, back, left knee, and groin. He also noted, “States left knee and right hip feel ok now.” Along with other injuries, Dr. Dutton assessed “contusion of left knee, initial encounter.”

Mr. Krupla returned to Concentra and saw Dr. Frank Thomas on August 25. Regarding the left knee, Dr. Thomas noted, “The symptoms are improving.”

Two subsequent visits to Concentra on September 5 and September 7 focused primarily on Mr. Krupla’s back pain. The records from those visits make no specific mention of ongoing knee pain but do refer to unspecified “joint pain.” These examinations led to an orthopedic specialist referral for thoracic spine pain.

Mr. Krupla returned to Concentra on October 31 for a recheck of his knee injury. In the History of Present Illness section, Dr. Thomas noted in part:

The symptoms are unchanged. Symptoms are located in the left knee and left medial knee. The symptoms occur frequently. The patient describes the pain as sharp and burning. The severity of the pain is moderate. . . . He continues to limp and have pain medial knee and swells at intervals. It has not improved since the original injury.

Dr. Thomas also found tenderness over the medial joint line and a positive medial McMurray test. He noted “roughly 25% of anticipated healing has taken place” and referred Mr. Krupla for an MRI and orthopedic specialist.

Dr. Jordan, an orthopedic surgeon, saw Mr. Krupla a few days later. An MRI showed a medial meniscus tear and degenerative joint disease. After treating Mr. Krupla

2 for several weeks, Dr. Jordan recommended an arthroscopic partial medial meniscectomy stating, “I do think the work injury that he sustained that he has described to me is responsible for the surgery that is being proposed.”

Utilization Review denied the recommended arthroscopic procedure. Upon appeal, the Bureau’s Assistant Medical Director upheld the denial and stated, “The demographics and the degree of arthritis on MRI would be consistent with ODG criteria for arthroplasty, but is not congruent with indications for meniscectomy or microfracture.” After receiving that Bureau decision, Dr. Jordan recommended arthroplasty (total knee replacement).

Causation Questionnaires

While treating Mr. Krupla, Dr. Jordan responded to several written questionnaires regarding causation. The first questionnaire, sent by the carrier, asked the doctor to address causation based on the following facts: 1) that Mr. Krupla said in a recorded statement three days after his accident that his knee was sore, but he didn’t think it was injured; and 2) his next complaints of knee pain were two months later. Dr. Jordan prefaced his responses by stating, “This sequence of events would not support current treatment.” The first question asked which percent of the current complaints and need for treatment were related to “a prior meniscus injury that the claimant reports happened roughly 2 years ago.” Dr. Jordan responded that he was “unable to tell – in our computer seems like it was the right knee.” He went on to say that he was unable to tell which percent of the current complaints and need for treatment were related to the August 15 work accident or to degeneration, although he stated, “WC is not responsible for the DJD – just the contusion.”

The carrier’s second questionnaire asked Dr. Jordan to assign causation percentages to his meniscectomy recommendation. He stated that the partial medial meniscectomy was 100% related to the contusion from the work accident.

After Dr. Jordan changed his recommendation to total knee replacement, Mr. Krupla’s attorney sent him another questionnaire. The questions and Dr. Jordan’s responses are as follows:

1) Is it your opinion . . . that Mr. Krupla’s work-related knee injury resulted in an aggravation of any pre-existing or degenerative knee condition necessitating the need for medical treatment? YES 2) If yes, did this aggravation arise primarily out of the August 15, 2017 work injury? YES 3) Have Mr. Krupla’s symptoms returned to their pre-injury baseline level? NO 4) What further medical treatment do you believe to be reasonable and

3 medically necessary in order to treat this injury or aggravation? A/A KNEE OR TKR

A fourth causation questionnaire came from Mr. Krupla’s independent medical evaluation (IME) with Dr. David West, performed at Eagle’s request. Dr. West confirmed that Mr. Krupla had a knee contusion, but he felt there was no objective aggravation to the preexisting arthritis. He agreed that a knee replacement was an option, but he did not feel Mr. Krupla’s fall caused the need for the procedure. He concluded, “[I]t is my opinion that the patient’s need for treatment is due to his underlying ordinary progression of life and osteoarthritis and not directly related, certainly less than 51% related, to the injury of fall to the left knee.”

Dr. West’s Deposition

Dr. West testified that there was no way to determine how long Mr. Krupla’s meniscus had been torn, but “it’s easy to say that he had very bad arthritis in three compartments of his knee” before the workplace accident. He observed that the early Concentra notes reflected improvement in the knee, and the September visit notes made no mention of knee pain.

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Bluebook (online)
2018 TN WC 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krupla-douglas-v-eagle-transport-corp-tennworkcompcl-2018.