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Poellot v. Sioux City Stationery Co.1/18/2005
(not designated for permanent publication)
INTRODUCTION
Steve Poellot appeals the decision of the review panel of the Nebraska Workers' Compensation Court which affirmed the trial judge's order of dismissal. On appeal, Poellot alleges that the review panel's decision was erroneous, on the ground that the trial judge erred as a matter of law in finding the opinions of an expert witness legally insufficient to establish a causal connection between Poellot's bilateral knee injuries and his employment. Because we conclude that the trial judge's further factual findings would support the judgment even if Poellot's argument were correct, we affirm the review panel's decision.
BACKGROUND
Poellot began working for Sioux City Stationery Company, Inc., doing business as Office Systems (Office Systems), in 1988 as a service technician. His employment involved maintenance and repair work on copiers, typewriters, and fax machines, which work involved much bending and kneeling. He typically performed five to eight jobs a day, and each job was to be finished within an hour. Each week, there were between 8 and 10 jobs that required Poellot to kneel, squat, or be on his knees, and he could potentially be on his knees or squatting for up to 10 hours a week. Many jobs required that Poellot ascend and descend stairs, and he carried a toolbox weighing approximately 10 to 20 pounds along with a specialized vacuum weighing 5 pounds when empty and about 20 pounds when filled with collected toner.
Poellot testified that around February 1, 2002, he developed pain in both of his knees after spending 2 hours, most of which involved being on his knees, working on a copier at a business with concrete floors. He denied previously seeking medical treatment for his knees.
On March 14, 2002, Poellot saw a Dr. Biga, his regular physician, regarding the knee pain, and x rays were taken. Following his consultation with Biga, Poellot's understanding of the problem was that Poellot "had bone on bone in knees," which "would eventually mean would have to have an operation on those knees." The medical record of this visit stated in a section entitled "HPI" that Poellot had worked on copiers for almost 15 years, that he was on his hands and knees a lot, that he found it very difficult to get up at times, that he had cried in pain at times, and that his knees were worse in the morning. The "EXAM" section of the medical record stated in pertinent part: "With regards to his knees, bone rubs on bone, left greater than right. Anterior Drawer Sign is negative. No pain in the kneecap itself. X-ray of the left knee was taken and bone indeed does rub on bone." Biga diagnosed the problem as degenerative joint disease of the left knee.
Poellot testified that he discontinued his employment with Office Systems on March 14, 2002, because Office Systems did not have a job available which did not require him to be on his knees. Poellot testified that " here was no way" he could perform as a service technician without being able to squat or get on his knees. The service manager with Office Systems testified he told Poellot that there were two technicians who did not work on their knees and that Poellot did not need to quit. The manager also testified that Poellot told him that Poellot did not want to start a workers' compensation claim.
Poellot testified that after he quit, his knees worsened. Standing or sitting for long periods of time caused pain, as did walking and getting dressed. Biga had prescribed pain medication for Poellot, but Poellot discontinued that medication after 3 or 4 days because a friend told Poellot that it could cause a stroke. Poellot did n
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