Derek Lax of Ankin Law Office represented an industrial worker who injured his left knee in a work-related accident. The injury occurred when pipes struck the worker on both knees. He suffered tears to his medial and lateral meniscus as a consequence of the accident, for which, a partial medial meniscectomy, partial lateral meniscectomy, and debridement of tricompartmental synovitis was performed. Intra-operatively, the doctor observed the tears were acutely traumatic and not degenerative. His left knee required two surgeries and medical services over the course of many months. During the arbitration hearing, Ankin Law attorney Derek Lax was able to secure Temporary Total Disability benefits, payment of medical bills and services as well as prospective medical care.
(Click here to read the complete arbitrator decision)
A summary of the arbitrator award:
Based on the totality of evidence contained in the record, the Arbitrator finds that Petitioner’s current left knee condition is causally related to his 4/27/13 work accident. In so finding, the Arbitrator adopts Dr. Silver’s opinions which were substantiated by his treating medical records as well as the diagnostic testing.
MEDICAL BILLS & SERVICESThe Arbitrator finds the medical services provided to the Petitioner were reasonable and necessary and that the Respondent has not paid all appropriate charges. Respondent is ordered to satisfy Petitioner’s outstanding medical bills as reflected in Petitioner’s Exhibit 2.
PROSPECTIVE MEDICAL CAREPursuant to Dr. Silver’s testimony, coupled with the above findings regarding causation, the Arbitrator finds Petitioner is entitled to prospective medical care in the form of a repeat left knee arthroscopy recommended by Dr. Silver, along with all associated reasonable and necessary post-operative care.
TEMPORARY BENEFITSThe Arbitrator finds Petitioner is entitled to TTD benefits from June 13, 2013 to September 23, 2016. The Petitioner’s medical records establish that the Petitioner has been medically unable to work or has been issued light duty work restrictions that have not been accommodated by the Respondent since his accident on April 27, 2013. Respondent has paid TTD from November 26, 2013 to May 13, 2014. Accordingly, the Petitioner is awarded TTD benefits from June 13, 2013 through September 23, 2016 payable at a rate of $330.00 per week.