QMERelied upon · orthopedist
Found compensable permanent disability only for right knee meniscal tear; left knee meniscectomy was non-industrial; did not believe favoring one extremity could cause meniscal tear in the opposite extremity.
Based on clinical evaluation and medical record review, did not find left knee injury industrially related.
From the decision · page 3Ultimately, Dr. Henrichsen found that the only compensable permanent disability
attributable to the industrial injury was the meniscal tear while going up the stairs. Dr. Henrichsen
found that the aggravation of the plantar fasciitis had resolved and that the other right lower
extremity impairment was non-industrial. (July 3, 2019 report at p. 2.) Applicant also complained
of left knee symptoms theorizing that her left knee symptoms were caused by her June 2018 fall
or by favoring her right knee. Applicant eventually underwent a meniscectomy in March of 2020.
(June 25, 2020 report at p. 2.) Dr. Henrichsen opined that the left knee meniscectomy was non-
industrial, explaining that it was not caused by the June 2018 fall because there was no record of
applicant complaining of left knee symptoms after the fall, and that his own clinical evaluation
during this period did not evidence any meniscal tear. (March 12, 2021 report at p. 5.) Dr.
Henrichsen also opined that any left knee injury was not a result of favoring the right knee because
the right knee had significantly improved by the time of the left knee complaints and because Dr.
Henrichsen did not believe that favoring one extremity could produce a meniscal tear in the
opposite extremity. (March 12, 2021 report at p. 5; July 19, 2022 report at pp. 16-17; My 15, 2023
report at p. 4.)
secondary_treaterPartially credited
Attributed 90% of right knee impairment to industrial factors; found industrial injury to left knee due to overcompensation; recommended pain add-ons for both knees.
Disputed the non-industrial finding for left knee, attributing impairment to industrial causes and overcompensation.
From the decision · page 3Applicant was also evaluated by secondary treating physician Ritch V. Jacobs, D.C., who
in addition to the history taken by Dr. Henrichsen also documented a later fall injuring the left
knee. (January 3, 2023 report at p. 2.) Dr. Jacobs found whole person impairment of 7% with
regard to the right knee based on gait derangement (AMA Guides, Table 17-5, p. 539.) Although
Dr. Jacobs noted degenerative changes that preceded the industrial injury he attributed 90% of
applicant's impairment to industrial factors given her 18-20 years of employment. With regard to
the left knee, Dr. Jacobs found industrial injury based on overcompensation of her right knee injury
and found 5% whole person impairment. Dr. Jacobs opined that applicant should have a pain add-
on of 1% for each knee, and opined that 40% of the left knee impairment was attributable to non-
industrial factors. (January 3, 2023 report at pp. 6-8.)