Hofferber v. Plago Mining, Inc.

I dissent from the opinion of the majority.

When Perry Hofferber could no longer tolerate the pain and impairment in his knee, he saw Dr. Lowell M. Anderson on February 14, 1991. Dr. Anderson observed significant discomfort and swelling, limited range of motion, pain with movement to the knee, and a recent increase in claimant’s symptoms. He formed the opinion that a large popliteal cyst had formed on the posterior side of claimant’s knee and that the cyst had resulted from internal irregularity in the knee joint.

Doctor Anderson recommended that claimant undergo arthroscopic surgery to treat…