Is the Knee Bone Connected to the Elbow?

Not according to the Appellate Court in Connecticut. In MARANDINO v. PROMETHEUSPHARMACY, 105 Conn. App. 669 (2008) the Court ruled that where a claimant originally sustained an accepted case involving several elbow surgeries, and then 9 months after her original injury she slipped on a flight of stairs, and used her left (uninjured) arm to grab the railing instead of her injured arm, thereby wrenching her knee, there was not enough evidence to support the Commissioner’s finding that this knee injury was a direct result of her original elbow injury. The Court found that inspite of the treating physician’s opinion that the knee injury was a direct result of the elbow injury, there was not enough competent evidence for a Commissioner to find that the claimant had met her burder of proof. In this case there was no opinion by any other doctor to the contrary, but the treating physician’s opinion was a mere legal conclusion without specific underlying facts to support his opinion that the elbow injury caused the knee injury.

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