 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brown v. High Point Regional Hospital11/5/2002
UNPUBLISHED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).
The following summarizes the findings of the Industrial Commission (Commission): On 3 September 1994, Mary Turner Brown (plaintiff) suffered an injury while working as a housekeeper for defendant, High Point Regional Hospital (Hospital). Defendant accepted the claim pursuant to a Form 21 agreement. Without first obtaining her employer's approval, plaintiff sought initial treatment from Dr. Dalldorf, an orthopedic surgeon. Defendantlater instructed plaintiff to go to the Occupational Health Clinic at the Hospital, where she was referred to another orthopedic surgeon, Dr. Warburton. Dr. Warburton's tests indicated that plaintiff had a small paracentral herniated disk at L4-5, which led him to refer plaintiff to Dr. Saul Schwarz, a neurosurgeon, for additional evaluation.
On 17 October 1994, Dr. Schwarz examined plaintiff. She complained of pain and numbness in each part of her body about which Dr. Schwarz inquired. Dr. Schwarz noted inconsistencies in plaintiff's movements in the examining room and in the hallway. Dr. Schwarz concluded that plaintiff would not require surgery and recommended physical therapy and an epidural steroid injection. Plaintiff declined the injection but accepted the physical therapy treatment.
Dr. Schwarz again noted inconsistencies in plaintiff's behavior when he saw her on 31 October 1994, and plaintiff's physical therapist reported that she exhibited "non-organic signs and non-physiological behaviors and had completed an inappropriate pain drawing." Although Dr. Schwarz recommended that plaintiff continue physical therapy, the physical therapist advised that plaintiff was not making a consistent and reliable effort at the therapy. Subsequently, on 14 November 1994, Dr. Schwarz released plaintiff from his care, leaving the remaining treatment decisions to plaintiff's psychiatrist, Dr. Reddy. In a 4 December 1994 letter, Dr. Schwarz explained that plaintiff had no disability associated with her back condition that limited her workingability, although her mental condition could be job -limiting. Plaintiff continued seeing Dr. Reddy for her pre-existing mental condition, and he released her to return to work in December 1994.
Upon her release to return to work, plaintiff's supervisors at the Hospital contacted her almost every day requesting that she return to work. Plaintiff failed to return to work, and her employment was terminated in March 1995.
In the interim, defendant filed with the Commission in December 1994 a Form 24 request to stop payment of benefits. The Commission approved the request over plaintiff's objections in a 27 January 1995 order.
Thereafter, between February 1995 and May 1999, plaintiff was again seen by Drs. Reddy, Schwarz and Warburton and was examined by two additional physicians, Dr. Paul, an orthopedic surgeon, and Dr. Wilson, a neurosurgeon. According to the record, Dr. Wilson was the last physician to examine plaintiff in 1999; however, he did not recommend surgery or other medical treatment for plaintiff nor did he restrict her work activities.
The Full Commission's findings further include the following:
13. Defendant paid compensation to plaintiff for temporary total disability until December 4, 1994 pursuant to the Form 21 agreement approved in this case. The Industrial Commission allowed
Page 1 2 3 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|