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High court denies worker’s request for coverage of additional injuries

The Wyoming Supreme Court ruled that a worker was not entitled to coverage for claimed injuries to her right knee, ankles and back, nor was she entitled to permanent total disability benefits.

Terrina Ross injured her left knee while employed at Campbell County Health in 2007, and the Wyoming Workers’ Compensation Division covered her injury. Although Ms. Ross reported that her right knee was bothering her while recovering from her fourth surgery in 2007, she did not mention it again until 2016 when she reported that it swelled, popped and hurt when she put weight on it, according to documents in Ross v. State ex rel. Department of Workforce Services, filed Jan. 25 in Cheyenne.

Ms. Ross started seeing a doctor for pain in both knees and ankles in 2017 and underwent a fifth knee surgery, according to documents.

Ms. Ross later was diagnosed with neuropathy in her left leg, which caused her to trip on a sidewalk and fracture her left kneecap. She also experienced pain in her right knee when she bent it at an awkward angle while at home. Ms. Ross then underwent surgery on her right knee, and the division covered the cost.

Ms. Ross has since used a wheelchair whenever she leaves the house and when she feels tired, according to documents. Her doctor did not prescribe the wheelchair, nor does he advocate its use, according to court documents.

Ms. Ross testified that her condition had gotten progressively worse since 2018 and that her left leg muscles are deteriorating because she rarely walks, according to documents.

Ms. Ross submitted requests to the division to cover treatment for her right knee, ankles and back, and also applied for permanent total disability benefits. The division denied her requests. The Medical Commission affirmed that decision, as did a district court judge.

In affirming, the Wyoming Supreme Court explained that two independent medical examinations found that Ms. Ross’ additional injuries were not causally related to the 2007 injury, according to the record.

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