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Taylor v. Athens Paper Company8/17/2000
ent with Dr. Spengler was not scheduled until September 30, and the date of the appointment was not until November 12, 1998. The employer received the letter from Dr. Hopp recommending the ray cage fusion surgery on July 27, 1998, a difference of more than three months. The employer cites various reasons for the delay, but under the circumstances of this case, this delay was unreasonable because the employee was in pain, unable to work, and a doctor was recommending surgery. The employer had an obligation to stand on its denial or promptly schedule an appointment if the employer might have been persuaded to authorize the surgery. Consequently, the trial court's award of medical costs relating to the October 1998 surgery are affirmed.
The judgment of the trial court is affirmed in all respects. Costs on appeal are taxed to the appellants, Athens Paper Company, Inc., and Great American Insurance Companies.
JUDGMENT
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and
It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Costs will be paid by appellants, Athens Paper Company, Inc., and Great American Insurance Companies, for which execution may issue if necessary.
IT IS SO ORDERED.
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