Aggravation of Prior Knee Injury Compensable in Workers Compensation

A worker who suffered an injury to a knee with a pre-existing arthritic condition was awarded workers' compensation benefits. A Wyoming court of appeals reversed a trial level decision and found that evidence existed to sufficiently establish that a fall in the workplace resulted in a material degree to have aggravated the preexisting condition.

"The claimant has a previous history of significant obesity. At 5′2″ tall with weighing close to 250 pounds, she has had extensive and excessive weight bearing on her knees. The left knee has already been replaced secondary to severe end-stage degenerative arthritis. "

The Court held, "The evidence is undisputed that despite Judd's preexisting degenerative condition, she was able to work fulltime without restriction before her work injury, and after her work injury, she suffered debilitating pain that prevented her from putting weight on her knee and from working. The work injury brought Judd's need for surgery to a head, and the Medical Commission erred in denying benefits for the surgery. The case is reversed and remanded for the award of appropriate benefits."

Judd v. State ex. rel. Wyoming Workers' Safety and Compensation Div., ___P.3d____, 2010 WL 2541673 (Wyo. 2010) Decided June 25, 2010

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