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Lee v. Center9/17/2002
UNPUBLISHED
A decision without a published opinion is authority only in the case in which such decision is rendered and should not be cited in any other case in any court for any other purpose, nor should any court consider any such decision for any purpose except in the case in which such decision is rendered. See Rule of Appellate Procedure 30 (e)(3).
Plaintiff appeals from the Full Commission's Opinion and Award allowing the defendant employer to suspend temporary disability benefits until plaintiff complies with the Full Commission's Order to attend a medical examination set up by her employer.
Plaintiff, a certified nursing assistant, suffered a compensable back injury on 2 November 1991 while employed at the Brian Center [defendant]. Plaintiff felt a "pop and a pulling sensation" in her back when the patient she was assisting lost hisbalance. Plaintiff was diagnosed with a lumbosacral and right sacroiliac sprain. Magnetic Resonance Imagery later revealed that plaintiff had a small herniated disc, and she underwent surgery on 27 December 1991 to correct the problem. The Industrial Commission approved a Form 21 Agreement for Compensation on 15 May 1992.
Plaintiff's symptoms persisted, and she was referred to Dr. Todd Chapman for post-operative back pain. Dr. Chapman was plaintiff's treating physician from June 1992 until he retired due to medical reasons in December 1996. During that period, Dr. Chapman performed several spinal operations on plaintiff at the Miller Orthopaedic Clinic [Miller Clinic] in Charlotte. He allowed plaintiff to return to light-duty work in July 1993. The first job defendant offered to plaintiff involved some duties as a certified nursing assistant, but plaintiff was unable to perform the job because of pain. Defendant created a telephone receptionist position for plaintiff, but the job exacerbated plaintiff's other medical problems. When a conflict arose with the receptionist position, defendant re-assigned plaintiff to a job in the laundry folding clothes. The job was not approved by Dr. Chapman. Plaintiff continued to experience pain and on 27 August 1993 she had to leave work and go to the emergency room.
On 30 August 1993, plaintiff saw Dr. Chapman, who did not return plaintiff to work. Dr. Chapman referred plaintiff back to her family physician, Dr. Steven Crane, who examined plaintiff on 3 September 1993. Dr. Chapman recommended a Computed Tomography scan on 9 December 1996, but Key Risk, defendant's insurer, declined to pay for the test because the adjustor for Key Risk mistakenly claimed that plaintiff could only receive benefits for her permanent disability rating. On 3 February 1997, Key Risk sent a letter to the Miller Clinic denying a bill for treatment on 9 December 1996, the same date the CT scan was requested. It is unclear whether the CT scan was ever performed.
The deputy commissioner issued an Opinion and Award on 10 April 1997 denying plaintiff benefits. On 21 January 1998, the Full Commission rejected the deputy commissioner's findings and awarded plaintiff temporary total disability compensation. The Full Commission also ordered defendant to pay all plaintiff's medical expenses incurred as a result of her injury .
On 11 March 1998, defendant scheduled a 23 March 1998 appointment for plaintiff with Dr. Mark Hartman, an orthopaedist, also at the Miller Clinic. On 16 March 1998, plaintiff was examined by Dr. David Mackel, an orthopaedic surgeon in her home town of Hendersonville, at Dr. Crane's request. A week later, plaintiff missed her appointment with Dr. Hartman. Plaintiff does not drive and she thought defendant had arranged transportation to Charlotte. Plaintiff acquir
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