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Rhodes v. Dolet Hills Mining Co.2/28/2001
was appropriate for Mr. Rhodes to have his surgery performed by Dr. Blacklock. We find no manifest error in this ruling.
Mr. Rhodes did not seek treatment from Dr. Blacklock until he had thoroughly sought assistance for his pain from several physicians in Louisiana. Once Dr. Blacklock diagnosed Mr. Rhodes and recommended a third surgery, we do not find that Mr. Rhodes violated La.R.S. 23:1203(A) by allowing Dr. Blacklock to perform the surgery. Bailey v. Smelser Oil & Gas, 620 So.2d 277 (La.1993). Moreover, neither party has indicated that the cost of Dr. Blacklock's treatment was unreasonable or uncomparable to what would have been charged in Louisiana. Thus, we find this assignment of error to be without merit.
Related Injury
Lastly, Republic asserts that the workers' compensation judge's finding that all of the claimed medical treatment was reasonable and necessary is erroneous. Specifically, Republic questions the causal relationship of Mr. Rhodes' back injury and his bowel and bladder problems.
The workers' compensation judge, relying on the medical testimony on Drs. Eichmann and Blacklock, as well as the medical charts from Mr. Rhodes' visits to the ER, unquestionably found that the medical treatment paid for by Dolet, on behalf of Mr. Rhodes, was necessary and occasioned by his work-related accident. Mr. Rhodes testified, and the medical records indicate, that after the second back surgery, his condition worsened. He stated that the pain in his back increased and that he began experiencing bowel and bladder problems. Mr. Rhodes was seen in the Natchitoches Parish ER numerous times complaining of back pain and simultaneous bladder dysfunction, and had to be hospitalized approximately eight times for the same. After the third surgery, Mr. Rhodes' back pain considerably lessened and he has not sought further medical treatment for his bladder and bowel problems.
A workers' compensation judge's factual findings on the issues of the necessity of medical treatment and of a causal relationship between the treatment and the employment related accident are subject to a manifest error-clearly wrong standard of review. Freeman v. Poulan/Weed Eater, 93-1530 (La. 1/14/94); 630 So.2d 733; Scherer v. Interior Plant Design, 98-702 (La.App. 3 Cir. 10/28/98); 724 So.2d 797, writ denied, 99-297 (La. 3/26/99); 739 So.2d 792. Finding none, we deny Republic's assignment of error on this issue.
DECREE
For the foregoing reasons, the judgment of the Office of Workers' Compensation is affirmed. All costs of this appeal are assessed to the defendant/appellant, Old Republic Insurance Company.
AFFIRMED.
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