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DANENE McNAMARA v. MHA WORKERS’ COMPENSATION RECIPROCAL

Workers' Compensation Court of the State of Montana

Aggravation of preexisting knee condition

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2016 MTWCC 5 WCC No. 2014-3378 DANENE McNAMARA, Petitioner vs. MHA WORKERS’ COMPENSATION RECIPROCAL, Respondent/Insurer. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT

Summary: Petitioner claims that a 2013 injury aggravated her preexisting knee condition, resulting in her need for a total knee replacement. In the alternative, she claims her need for a total knee replacement was caused by an occupational disease resulting from years working as a CNA.

Held: Respondent is not liable for Petitioner’s total knee replacement. Petitioner’s treating physician testified that she did not require any treatment for her 2013 injury and that her work was not the leading cause of her knee condition and need for a total knee replacement. Instead, the treating physician opined the surgery was the inevitable consequence of an earlier injury.

JUDGMENT: Respondent is not liable for a total knee replacement as a result of McNamara’s February 10, 2013, industrial injury.  Petitioner does not have a compensable occupational disease.  Pursuant to ARM 24.5.348(2), this Judgment is certified as final and, for purposes of appeal, shall be considered as a notice of entry of judgment.

 

READ FULL DOCUMENT AT ORIGNAL SOURCE:  http://wcc.dli.mt.gov/w/McNamara_2016MTWCC5.pdf