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Ville Platte Medical Center v. Mcglynn3/6/2002
The employer terminated workers' compensation benefits and subsequently filed this matter seeking a determination as to whether the allegedly injured employee was entitled to continuation of benefits. The employee filed a reconventional demand seeking continuation of medical benefits. The workers' compensation judge found in favor of the employee, awarding past due indemnity benefits and finding the employee entitled to continued medical benefits. Attorney's fees were awarded following a determination that the employer was arbitrary and capricious in its termination of benefits. The employer appeals. For the following reasons, we affirm.
Factual and Procedural Background
Vicki McGlynn, the employee in this workers' compensation matter, alleges that she was injured while in the course and scope of her employment as a nurse at Ville Platte Medical Center. She contends that on February 23, 1999, she injured her back while transferring a patient from a wheelchair to a stretcher. Following the incident, Ms. McGlynn began treating with physicians for her back condition and began receiving medical and indemnity benefits. Ms. McGlynn's employment was terminated in April 1999, due to what the employer contends were prior failures to follow hospital policy.
In August 1999, the employer terminated both indemnity and medical benefits. According to Philip Moory, special investigator for The Claims Center, the claims agency for the insurer of Ville Platte Medical Center, benefits were terminated due to a number of factors, including a prior automobile accident and prior medical problems that involved complaints of pain to the same area of the body. He also testified that Ms. McGlynn's background as a nurse and previous work in the insurance field were factors raising suspicion. In November 1999, months after the termination, the employer filed the disputed claim for compensation instituting this matter, seeking a determination as to whether Ms. McGlynn was entitled to future compensation and whether her complaints were related to her work injury. In December 1999, Ms. McGlynn filed her own disputed claim for compensation, pointing out that indemnity benefits had been terminated and that medical treatment had not been approved since August 1999. Ms. McGlynn alleged that the employer's actions were arbitrary and capricious.
The workers' compensation judge found in favor of Ms. McGlynn, concluding that she exacerbated a pre-existing condition in the work-related accident. The workers' compensation judge concluded that Ms. McGlynn was disabled from the accident until August 2000, and that she was entitled to the continuation of medical benefits associated with the work-related accident. The employer's termination of benefits in August 1999 was found to be arbitrary and capricious. Attorney's fees were awarded in the amount of $15,000.00.
The employer appeals, asserting error in: 1) The finding that Ms. McGlynn was disabled; 2) The determination that Ms. McGlynn was disabled until August 2000; and 3) The awarding of attorney's fees.
Discussion
Disability
In its first assignment of error, the employer argues that the injuries complained of by Ms. McGlynn are not attributable to the work-related, lifting accident of February 23, 1999. It points out that, following the work-related accident, Ms. McGlynn was primarily treated by Dr. Stephen Vidrine and Dr. Stephen Rees. However, the employer contends that prior to the accident, Ms. McGlynn had been treating with Dr. Vidrine for what it contends were other, similar injuries. It contends that only Ms. McGlynn testified that her injuries from a December 1998 automobile accident had re
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