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Simmering v. Kirkwood Community College10/26/2005
A claimant appeals from a district court ruling that upheld a decision of the workers' compensation commissioner denying the claimant certain benefits and medical expenses. AFFIRMED.
Considered by Sackett, C.J., and Mahan and Miller, JJ.
Edward Simmering appeals from a district court ruling that upheld a decision by the workers' compensation commissioner denying Simmering certain benefits and medical expenses. Simmering challenges the agency's determination that a work-related injury did not aggravate his pre-existing, degenerative condition. We affirm the district court.
I. Background Facts and Proceedings
At the times relevant to this appeal, Simmering was employed by Kirkwood Community College (Kirkwood) as a Service Writer/Parts Person in the school's automotive technology department. Simmering suffered from degenerative osteoarthristis of the knees, a pre-existing condition unrelated to his employment. Simmering's treating physician, Dr. Edward Durkee, recommended that Simmering undergo a tibial osteotomy on each leg. The goal of the surgeries was to shift the weight bearing on Simmering's knees from the inside to the outside of the knees, thereby reducing Simmering's pain and hopefully extending the time until total knee replacements would be required.
Simmering underwent a tibial osteotomy on his right leg in 1997. The surgery was successful. The osteotomy site filled with bone and Simmering had a successful recovery.
Simmering underwent a tibial osteotomy on his left leg in 1998. Although the left-side osteotomy site showed some minimal healing, it did not heal completely. The site began to fill in with fibrous scar tissue, and Simmering continued to use a cane to assist in ambulation. He was still using a cane on February 15, 2000, when he fell at work. Simmering was carrying a box while descending a flight of stairs, and misstepped with his left leg.
Simmering sought care at a local hospital later that day. X-rays taken after the fall were all read to be normal. However, Simmering's treating physician, Dr. Edward Durkee, believed the x-rays showed "what appears to be fracture through what healing there was present" in the osteotomy site, and that it appeared there "is now going to be a nonunion" of the site. Dr. Durkee recommended a "take down" of the left-side osteotomy site, which involved surgical removal of the scar tissue and use of a bone graft to fill in the site. The take down surgery was performed in May 2000. The osteotomy site did not heal, and Simmering continued to suffer a nonunion of the site.
Simmering filed a claim for worker 's compensation benefits. During the arbitration hearing the deputy workers' compensation commissioner was presented with the opinions of both Dr. Durkee and Kirkwood's medical expert, Dr. Joshua Kimelman. Dr. Durkee opined that the February 15 fall was "a substantial contributing factor and an aggravation to" Simmering's pre-existing condition in his left knee. In contrast, Dr. Kimelman opined that Simmering had suffered a nonunion of the left-leg osteotomy site long before the February fall, and that nothing which occurred on February 15 contributed to the need for surgery or was the cause of any permanent impairment or disability.
The deputy workers' compensation commissioner determined Simmering had suffered a work-related injury on February 15, 2000, that arose out of and in the course of his employment with Kirkwood, and that the work-related injury aggravated the pre-existing degenerative condition in Simmering's left knee. The deputy awarded Simmering healing period benefits, but denied his claim for permanent partial disability benefits
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