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Mary Washington Hospital and Healthcare Providers Group Self-Insurance Association v. Harrison12/16/1997
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Argued at Alexandria, Virginia
Mary Washington Hospital and Healthcare Providers Group Self-Insurance Association (jointly referred to herein as employer) appeal from an award entered by the Workers' Compensation Commission (commission) in favor of Loretta Harrison (claimant). The question presented by employer is whether credible evidence supports the commission's award of temporary partial disability benefits to claimant for the period of February 7, 1996 and continuing. Employer contends the award is not supported by a factual finding contained in the record. We disagree and affirm the commission's decision.
Pursuant to a claim for benefits filed by claimant on November 9, 1995, a hearing was held on July 10, 1996 before Deputy Commissioner Herring. As stated by the deputy at the outset of the hearing, claimant sought:
"temporary total disability benefits, temporary partial benefits, and medical--and temporary partial benefits as follows: Temporary total from June 7, 1995 through September 29, 1995, temporary partial from September 30, 1995 through October 27, 1995, temporary total from October 28, 1995 through February 6, 1996, and temporary partial from February 7, 1996 and continuing."
At that hearing, the parties stipulated that claimant sustained a compensable back injury on June 7, 1995; that employer paid temporary total disability compensation from June 7, 1995 through September 30, 1995; and that employer paid temporary partial compensation from September 30, 1995 through October 27, 1995.
Relevant to this appeal, the deputy further established after those stipulations were confirmed that (1) claimant sought only "temporary total benefits from October 28, 1995 through February 6 [,1996] temporary partial disability benefits from February 7, 1996 and continuing," and (2) employer "defended on the ground the disability claimant asserts as a basis for her claim [depression] was not causally related to her June 7, 1995, industrial accident injury." While the inferences to be drawn from the evidence are in dispute, the following evidence is contained in the record. On June 7, 1995, claimant sustained a work-related back injury. That injury was accepted by employer as compensable, and the commission entered the appropriate award. On October 24, 1995, Dr. John S. Moss, claimant's treating physician for her back injury, released her to return "to work without restriction." Nancy Daum, a diagnostic section leader of employer's radiology department, was assigned to discuss with claimant the hours claimant would work. Daum and claimant disagreed as to whether claimant was able to work three fourteen-hour shifts as she had prior to her injury. Following that disagreement, claimant became distraught to the extent that she contemplated suicide while on her way to a physical therapy appointment. When claimant arrived at the therapy center, she discussed her condition with Cynthia Starling, the center's pain management director, who recommended that claimant seek immediate admission to Snowden of Fredericksburg, an inpatient psychiatric facility. Starling drove claimant to the facility. Thereafter, claimant received inpatient and outpatient treatment from Drs. Norman Holden, Donald R. Reed, and P. S. Vachher, psychiatrists, and remained totally disabled due to her psychiatric condition through February 6, 1996.
Claimant returned to work on February 7, 1996 but worked only three ten-hour shifts per week, asserting that she could not work more than ten hours per day due to her depression. On December 8, 1995, Dr. Reed, who began treating claimant as an outpatient on November 2
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