Ankin Law attorney, Sarah Kirchner lead the way in an arbitration case that saw an injured airline worker receive Temporary Total Disability benefits and knee replacement surgery. The injured worker is employed as a ramp serviceman for United Airlines. Before the injury his daily job tasks entailed lifting and manipulating luggage into aircrafts. On a typical day he testified that he might lift 500 pieces of luggage.
On the day of the injury, while loading luggage onto a wide-body aircraft, he experienced a sudden onset of sharp pain in his right knee as it gave out. He estimated the bag he was lifting weighed approximately 80 pounds. The injury was immediately reported, and he was sent to a doctor, where initial evaluations noted lateral right knee pain, swelling, and an abnormal gait. A diagnosis of right knee sprain was made, and lifting restrictions were imposed.
During Arbitration, Sarah took charge of all the key questioning and in the end, received a favorable decision for her client. The arbitrator awarded the injured man TTD benefits of $910.19/week for 118 1/7 weeks, less the amount already paid by United. He will also receive a total knee arthroplasty for his right knee which was recommended by his orthopedic physician. Along with the surgery he is awarded all associated post-surgical care required for him to achieve Maximum Medical Improvement status.
(Read the Complete Arbitrator Decision Here)
Below is a brief summary of the medical journey the injured ramp serviceman has been on since the incident:
His subsequent care following the injury included diagnostic imaging, referrals to specialists, and ongoing physical therapy. An MRI on December 14, 2022, revealed multiple issues in the knee, leading to continued treatment. By January 2023, the ramp serviceman’s condition was diagnosed as aggravated right knee osteoarthritis. He remained off work and underwent multiple rounds of physical therapy and a series of Orthovisc and TriVisc injections.
Despite some temporary relief, pain persisted, radiating at times to the hip and lower extremities. Additional evaluations revealed osteoarthritic changes in the right hip, further complicating his condition. By mid-2023, his doctor recommended total knee arthroplasty after exhausting conservative treatments. However, an Independent Medical Examination (IME) conducted in October 2024 disputed the work-related nature of the injury, attributing symptoms to degenerative arthritis rather than a specific incident.
Nevertheless, his doctor maintained that the work incident permanently aggravated previously asymptomatic arthritis, justifying surgical intervention. As of late 2024, he continued to experience pain despite therapy and injections and was awaiting approval for knee replacement surgery through workers’ compensation. The treatment history reflects persistent efforts to manage and rehabilitate the injury, culminating in a surgical recommendation after conservative methods proved insufficient.
