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Blackwell v. Citizens Insurance Co.6/16/1998
BEFORE THE ENTIRE BENCH
This case presents the issue whether a worker 's compensation carrier has duties to an injured claimant to conform the claimant's treatment to the recommendations of a physician to whom the carrier refers the claimant and to explain such physician's diagnosis and recommended treatment to the claimant. We hold that, as a matter of law, a worker 's compensation carrier owes no such duties to a claimant. We also hold that plaintiff failed to state a claim that defendant voluntarily undertook such duties here. Therefore, we affirm the decision of the Court of Appeals, which reversed the trial court's denial of defendant's motion for summary Disposition.
I
Plaintiff, a press operator, injured her hand and arm at work on August 21, 1989, when she slipped and struck her hand and arm on a table. She received treatment at the Garden City Hospital emergency room on August 22, 1989. Defendant Citizens Insurance Company of America, the worker 's compensation carrier of plaintiff's employer, sent her to the Detroit Industrial Clinic, where she was examined on August 23, 1989. The Detroit Industrial Clinic referred her to Dr. Moossavi, who examined her on August 24, 1989. The clinic and Dr. Moossavi apparently prescribed minimal medical treatment for her injuries. Because plaintiff's symptoms continued, Citizens sent her to Dr. Sahn for an independent medical examination, which occurred on January 10, 1990. In his January 22, 1990, report, Dr. Sahn's diagnosis included RSD- reflex sympathetic dystrophy, and advised a particular course of treatment. To be noted is that neither the clinic nor Dr. Moossavi had diagnosed plaintiff to be suffering with RSD. Plaintiff acknowledges that Citizens provided her with a copy of Dr. Sahn's report and directed her to forward a copy to her physician. However, plaintiff's insurance expert averred that her physician was not a specialist who would be cognizant of RSD. This is important because plaintiff claims that RSD is only effectively treatable in the early stages and that she did not receive the course of treatment recommended by Dr. Sahn. In June 1990, Citizens referred plaintiff to Dr. Sperl for examination and evaluation. Plaintiff contends that negligence by Citizens resulted in her not being properly treated for RSD until it was too late for effective treatment.
On November 25, 1991, plaintiff filed a four-count complaint: I-medical malpractice by the clinic, II-medical malpractice by Dr. Moossavi, III-ordinary negligence of Citizens, and IV-ordinary negligence of the clinic and Dr. Moossavi. Pursuant to the parties' stipulation that the clinic and Dr. Moossavi were not agents of Citizens, the circuit court entered a dismissal against them. Thus, the only remaining claims were those of direct negligence by Citizens. Specifically, in 44 of her complaint, plaintiff alleged that Citizens breached asserted duties by the following omissions:
"F. By failing to follow and conform medical treatment to the recommended course of treatment of Dr. Leonard Sahn, a neurologist employed by Citizens to evaluate, diagnose and recommend treatment for injured insured's employees, and particularly for plaintiff Blackwell.
G. By failing to implement a medical review program to notify the examined claimant of the diagnosis, suggest treatment [regimen], need for prompt treatment and dangers of failure to receive prompt treatment, under the particular circumstances as set forth when Citizens had provided appropriate medical care and attention to plaintiff Blackwell, through Dr. Sahn, who was found by this defendant's agent to be suffering from early reflex sympathetic dystrophy."
Citiz
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