St. Edward Mercy Medical Center v. Chrisman
2012 Ark. App. 475
| Ark. Ct. App. | 2012Background
- Employee sustained neck and back injuries while working as a certified nursing assistant for St. Edward Mercy Medical Center on December 29, 2009; employer accepted the injury as compensable and directed treatment through Dr. Goodman.
- Dr. Goodman released the employee on February 4, 2010, after which the employer controverted further treatment.
- Employee later sought treatment from Dr. Johnson, who diagnosed a large C5-6 herniation and performed an anterior cervical diskectomy with fusion on March 26, 2010.
- ALJ found entitlement to Dr. Johnson’s medical treatment and temporary total disability from March 4, 2010, to November 18, 2010; Workers’ Compensation Commission affirmed.
- St. Edward appeals on three grounds: (1) unauthorized treatment under change-of-physician rules, (2) whether Johnson’s treatment was reasonably necessary for the compensable injury, and (3) award of temporary total disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Change-of-physician applicability and authorization | St. Edward argues Johnson was unauthorized; AR-N not properly delivered. | Employee failed to obtain required Commission approval; AR-N delivery disputed. | Issue waived for lack of ruling below; not reach merits. |
| Whether Johnson’s treatment was reasonably necessary for the compensable injury | Treatment primarily addressed preexisting neck problems, not work injury. | Johnson and Goodman attributed treatment to compensable injury; evidence supports necessity. | Substantial evidence supports that Johnson’s treatment was reasonably necessary and causally related. |
| Temporary total disability related to treatment | Disability extended due to surgery and treatment; credible testimony of incapacity. | Total disability duration inconsistent with post-May 20, 2010 restrictions. | Substantial evidence supports TTD from March 4, 2010, to November 18, 2010. |
Key Cases Cited
- Walgreen Co. v. Goode, 395 S.W.3d 398 (Ark. Ct. App. 2012) (substantial-evidence standard for reviewing W/C commissions)
- St. Joseph's Mercy Med. Ctr. v. Redmond, 388 S.W.3d 45 (Ark. Ct. App. 2012) (commission credibility and weight deference to medical evidence)
- Baxter v. Union Standard Ins. Co., 413 S.W.3d 561 (Ark. Ct. App. 2012) (commission’s weight and credibility of medical opinions)
- Goodwin v. Phillips Petroleum Co., 37 S.W.3d 644 (Ark. Ct. App. 2001) (preservation and ruling on issues; burden of proof)
- Stephenson v. Tyson Foods, Inc., 19 S.W.3d 36 (Ark. App. 2000) (change-of-physician procedures and approval)