The claimant sustained a compensable work injury to his right knee. He was diagnosed with a medial meniscal tear and underwent surgery. Following surgery, the claimant began complaining of right shoulder pain and a rotator cuff tear was identified. The claimant was referred to an orthopedic surgeon and right shoulder surgery was recommended.
The claimant alleged that the right shoulder condition had been present since the date of injury; however, there was no documentation of any right shoulder symptoms in the medical records until six months after the date of injury. The claimant argued that he did not bring up the right shoulder pain because he was focused on the right knee injury.
Respondents’ expert opined that if the right shoulder injury were causally related to the original injury, the claimant would have had immediate pain and it would have been documented in the medical records. The ALJ found in favor of Respondents that the right shoulder condition and need for surgery was not causally related to the original work injury.
Gleason v. Flynn Restaurant Group, W.C. No. 5-164-544 (May 22, 2023).
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