St. Joseph's Mercy Medical Center v. Redmond
2012 Ark. App. 7
| Ark. Ct. App. | 2012Background
- Appellants St. Joseph’s Mercy Medical Center and Sisters of Mercy Health System appeal a WC Commission award granting Redmond additional benefits.
- This is a second appeal after remand directing factual findings on the change-of-physician rules codified at Ark. Code Ann. § 11-9-514.
- Redmond sustained a compensable injury on April 15, 2008 and underwent multiple doctors and procedures, including Dr. Smith’s acromioplasty and subsequent evaluations.
- On remand, appellants sought to introduce a signed AR-N form; the ALJ denied admission; the Full Commission held no delivery of AR-N occurred and thus change-of-physiician rules did not apply.
- The Commission affirmed the ALJ’s findings that the additional medical benefits were reasonable and necessary and that Redmond remained in his healing period and unable to earn wages from August 8, 2008, onward.
- The court reviews for substantial evidence and strict statutory construction, affirming the award based on lack of notice and failure to deliver AR-N.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of AR-N evidence on remand | Redmond | Redmond’s AR-N was delivered to the Commission on remand; form should be admitted | Denied; insufficient diligence; AR-N not admitted |
| Application of change-of-physician rules | Redmond | AR-N not delivered; rules apply | Rules do not apply for lack of notice; claimant treated by competent doctor |
| Sufficiency of evidence for additional benefits | Redmond | Respondents contest necessity of additional treatment | Substantial evidence supports additional medical benefits and TTD |
| Notice and rights of employee under AR-N | Redmond | Employer provided notice not delivered | Employer failed to furnish AR-N; change-of-physician rules not triggered |
Key Cases Cited
- Haygood v. Belcher, 5 Ark. App. 127 (1982) (new evidence prerequisites; relevance; diligence)
- Stephenson v. Tyson Foods, Inc., 70 Ark. App. 265, 19 S.W.3d 36 (2000) (change-of-physician petition not required when AR-N not delivered)
- St. Paul Ins. Co. v. Touzin, 267 Ark. 539, 592 S.W.2d 447 (1980) (judicial notice; Commission proceedings allowed to consider evidence)