In this case handled by Melissa Duchene, applicant had a minor knee bump and then over a week later became paralyzed. The applicant’s attorney initially filed a specific injury on the knee trying to raise the paralysis as a compensable consequence. They subsequently also filed a CT trying to find a way to have the paralysis made industrial. Both medical reports maintained no industrial causation for the paralysis. The orthopedist also found no impairment or need for future medical care on the specific knee injury.
We went to trial as AA was saying that based on hypotheticals that the AME in neurology was indicating that there was causation and that there was need to further develop the record on the issue. We maintained that through all reports and depositions that the doctor was firm that as the record stood there was no industrial causation.
The judge found in our favor and found no causation for the paralysis and no impairment or need for future medical on the knee (take nothing for the applicant).
To view a copy of the Findings, please click here.