Decision  Paul L. LaGrasso v. Olympic Delivery Service, Inc

Date:	03/30/2004
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Number 053140-99
Location:	Boston

• Employee: Paul L. LaGrasso
• Employer: Olympic Delivery Service, Inc.
• Insurer: American Compensation Insurance Company

COSTIGAN, J. In the decision before us on the insurer's appeal, the administrative judge found that on August 2, 1999, the employee, then age forty-eight and working as a courier/delivery man, suffered an injury to his left knee when his leg locked as he stepped out of the van he had been driving, and he fell down. (Dec. 4; Tr. 27-28.¹ ) That knee was already compromised by prior workrelated injuries in 1971 and 1985, both of which resulted in surgery. (Dec. 3-4; Tr. 16-24.) The administrative judge determined that the injury was compensable, finding that it arose in the course of Mr. LaGrasso's employment, (Dec. 5-6), and was an aggravation of his pre-existing knee condition constituting "a major but not necessarily predominant contributing cause" of his ongoing knee condition and the need for medical treatment. (Dec. 6-7.) The judge ordered the insurer to pay G. L. c. 152, §§ 13 and 30, medical benefits for total knee replacement surgery.²

 

 

¹ The employee testified that "as I was stepping [out of my truck], my leg locked, and I just went right down like a barrel, boom. And, you know, I stayed there for a few minutes. I got up. I was sore. I was almost in tears over this thing. That is how sore it was." (Tr. 27-28.) He did not testify that he twisted his left knee before he fell, nor did he testify that he fell directly onto the knee.

 

² Following the August 2, 1999 incident, the employee was out of work for only a couple of days. He then returned to light duty work for approximately one week, and thereafter resumed his regular work on a full-time basis. (Dec. 4.) At the time of the hearing, he had not yet undergone the total knee replacement surgery which was the subject of his claim. Thus, the employee made no claim for weekly incapacity benefits.