Plan II

Deon Carlson, knees OD, 3/23, hydraulic mechanic, Spencer Fluid Power, Carlson claimed he became aware that his knee degeneration was related to his employment on 3/3/23, on 7/19/23 IME doctor Albert Olszewski diagnosed chronic anterior knee pain secondary to soft tissue impingement of the plica and/or infrapatellar fat pad which was a natural progression of a chronic hamstring contracture resulting in a muscular imbalance, the report was sent to treating physician Joshua Bowler who opined that the right knee pain was the result of a lesion and the left knee was more consistent with a meniscal or cartilage injury but when asked if he concurred with Olszewski’s opinion that Petitioner was not suffering from an OD he responded that he was “uncertain” and “the given history may or may not be the result of occupational disease,” when asked if he had an opinion whether the primary cause of the knee condition was Petitioner’s employment, he responded that it was merely “possible,” Ace denied Petitioner’s claim 10/6/23, the left knee was denied based on the statute of limitations at §601, the right knee was denied based on Olszewski’s IME report, Bowler later changed his opinion and opined that the knee issues were a result of an OD related to Petitioner’s employment, Petitioner filed a petition for hearing, after discovery and depositions the parties settled for $95,000 new money for all claims, stipulated judgment; Russ Plath for Carlson, Jeffrey Smith for Ace American Ins. [Read more…]