Smith, Katherine

Applicant Katherine Smith, a phlebotomist, sustained a left knee injury arising out of and in the course of employment on September 2, 2018. The WCJ found her permanent and stationary as of April 15, 2021, awarded 4% permanent disability without apportionment, and found a need for future medical care, relying on PQME orthopedist Dr. Bathgate's reports and deposition. Applicant petitioned for reconsideration, arguing Dr. Bathgate's opinion was speculative, based on inaccurate history and a remote (telemedicine) examination, and that a new physician should be appointed. The Appeals Board affirmed the WCJ's Findings and Award, holding that Dr. Bathgate's report and deposition constituted substantial medical evidence, that there was no definitive recommendation for total knee replacement at trial, and that the impairment rating was based on the partial lateral meniscectomy rather than range of motion measurements. The Board also noted applicant was not aggrieved by the apportionment issue because the WCJ rejected Dr. Bathgate's 20% apportionment and issued an unapportioned award.