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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of JOHN W. JOHNSON and U.S. POSTAL SERVICE, POST OFFICE, Baltimore, MD Docket No. 98-281; Submitted on the Record; Issued

As explained in the complaint, this injury was incurred after the appellant had performed an off-duty dance with a female co-worker. Upon his return to work on September 6, 1994, the appellant did not return to dancing until September 12, 1994. The appellant s right leg was still in great pain despite having received the prescribed rehabilitation medication. The Office of Workers Compensation Programs concluded, in accordance with its policy, that appellant did not have a permanent loss of use of his right leg. However, appellant s testimony during the hearing stated that the pain in the right knee started during the dance, which may have occurred on or after September 6, 1994, and lasted throughout his return to his office. During his testimony, the appellant's right leg continued to sprain and injure while dancing for the next five months. The Office of Workers Compensation Programs relied on the testimony of other witnesses, including John O. G. Gee, MD, Professor of Anatomy and Radiology at George Washington University Medical Center, D.C. and Professor of Medicine at the University of Michigan School of Medicine. Professor Gee testified that when an injury occurs, the affected area of the subject of the injury is typically swollen and tender. This swelling and tenderness can have a disabling effect on the patient's gait. In contrast, when the patient has no pain in a subject of an injury, the swelling of that subject is not often associated with a gait abnormality. The doctor for the Office of Workers Compensation Programs also testified that there is a difference between pain and swelling in a subject of an injury. In the latter case, swelling in a subject causes the subject of an injury to become more immobile and less able to recover from its own body's motion. This in turn results in a permanent physical disability. Also, for the Office of Workers Compensation Programs, Professor Gee testified that the injury is temporary and can be reversed and that the swelling will subside within a short time. Accordingly, in the doctor's opinion, it was not possible that a permanent injury occurred. He did not indicate that the swelling and pain resulted in the appellant s impaired gait. The Office of Workers Compensation Programs therefore does not conclude that any permanent loss of use has occurred to the appellant s right leg. However, the physician for the Office of Workers Compensation Programs also stated that such a permanent loss of use is possible.

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