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Craven v. VF Corp.12/21/2004
quotes Van Zandt's report, noting Craven's "chronic pain" and "developing symptoms of depression." Additional evidence, including Van Zandt's 27 July 2000 report states that Craven "has had increasing depressive symptoms largely related to her ongoing back pain." The Industrial Commission's Finding of Fact No. 21 is supported by some competent evidence. We therefore affirm.
Because we find some competent evidence to support the Industrial Commission's Finding of Fact No. 21, we find that Conclusion of Law No. 3, entitling Craven to have her medical expenses paid for her back and mental conditions was supported by the Findings of Fact. Consequently, we also find the Industrial Commission's Award No. 2, insofar as it relates to Craven's mental condition, to be supported by the Findings of Fact and Conclusions of Law.
Defendants contend that the Industrial Commission erred in failing to find as a fact that Craven did not offer evidence that the medical treatment rendered by Drs. Bell and Holthusen, Forsyth Medical Center, and Maplewood Family Practice was necessary to effect a cure, to give relief, or to lessen Craven's period of disability. We disagree. Generally, an employer has the right to direct the medical treatment for a compensable work injury . Kanipe v. Lane Upholstery, Hickory Tavern Furniture Co., 141 N.C. App. 620, 623-24, 540 S.E.2d 785, 788 (2000). However, "an employer's right to direct medical treatment (including the right to select the treating physician) attaches [only] once the employer accepts the claim as compensable." Id. at 624, 540 S.E.2d at 788; see also Bailey v. W. Staff Servs., 151 N.C. App. 356, 363, 566 S.E.2d 509, 514 (2002) (same). Here, VF did not accept the claim as compensable, but rather denied the alleged accident and injury. VF and its carrier therefore did not have the right to select, i.e., limit Craven's physicians or treatment.
Moreover, this Court indicated in Franklin v. Broyhill Furniture Indus., 123 N.C. App. 200, 472 S.E.2d 382 (1996), that, while the Industrial Commission had previously been required to find that a plaintiff's chosen physician was reasonably required to effect a cure or give relief in order for the care to be compensable, the 1991 amendment to section 97-25 of the North Carolina General Statutes deleted the language supporting such a requirement. The Court therefore indicated that a finding that medical care by a plaintiff's chosen physician was reasonably required to effect a cure or give relief may not be required in cases, including the instant one, post-dating the 1991 amendment. Id. at 207-08, 472 S.E.2d 387.
For the foregoing reasons, we hold that the Industrial Commission did not err in failing to find as a fact that Craven did not offer evidence that the medical treatment rendered by Drs. Bell and Holthusen, the Forsyth Medical Center, and the Maplewood Family Practice was necessary to effect a cure, to give relief, or to lessen Craven's period of disability. Further, we find that the Industrial Commission did not err in failing to conclude as a matter of law that the medical treatment rendered by Drs. Bell and Holthusen, Forsyth Medical Center, and Maplewood Family Practice was not necessary to effect a cure, to give relief, or to lessen Craven's period of disability.
For the reasons stated above, we affirm the Industrial Commission's Opinion and Award.
Affirmed.
Judges HUNTER and THORNBURG concur.
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