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ANCRUM v. LOW COUNTRY STEAKS12/12/1994
This is a workers' compensation case. The employer and carrier appeal the circuit court's reversal of the full commission's order granting appellants' stop payment request effective April 9, 1991, awarding respondent a 10% disability rating to the back and holding appellants liable only for Dr. Rutherford Smith's medical fees. We reverse.
On June 6, 1990, at approximately 9:30 a.m., respondent, Dorothy Ancrum, was involved in an accident at work while employed by the Western Sizzlin Restaurant in Walterboro, S.C. Respondent testified that some plastic trays fell off a rack and hit her on her left side. Respondent told her manager she would be fine and did not need a doctor. However, she left
Dr. Smith had treated respondent for a number of incidents starting in 1982. Of significance, respondent was treated for a
Respondent saw Dr. Skelton and sought treatment from Dr. Fenn, a chiropractor. She further saw Wayne Hodges, M.D., on December 11, 1990. Dr. Hodges found respondent had not reached maximum medical improvement and, like Dr. Smith, recommended respondent undergo an MRI. Respondent stated she sought treatment from Dr. Fenn on her own and was referred to Dr. Hodges by her attorney.
Appellants referred respondent to Dr. Thompson, an orthopaedic surgeon, who saw her initially on July 26, 1990. After a complete history and a physical, Dr. Thompson treated respondent for a sprain in her lower back. He saw her on August 2 and, again, on August 21, 1990 at which time he found respondent to have much less pain and improved range of motion. Although respondent continued to complain of pain in her back, Dr. Thompson found her subjective complaints outweighed his On April 9, 1991, respondent returned for a re-evaluation at which time Dr. Thompson found she had essentially normal range of motion, no radiation of pain and no neurological symptoms. He again found she had reached maximum medical improvement and gave her a 5% impairment rating of the whole person, but recommended respondent not lift more than 25 to 30 pounds.
Appellants filed a stop payment application with the commission based on Dr. Thompson's report. The single commissioner issued a Decision and Order on July 11, 1991, finding that the respondent had reached maximum medical improvement by April 9, 1991, per the opinion of Dr. Thompson. The commissioner questioned the credibility of respondent and gave greater weight to the opinion of Dr. Thompson, a board certified orthopaedist, than to the recommendations of the other physicians. The commissioner, nevertheless, awarded respondent a 10% loss of the use of the back.
On April 28, 1992, the respondent filed a Motion to Supplement the Record and Remand. Respondent sought to introduce reports of treatment and evaluations from Dr. Marzluff dated February 12, 1992 and February 21, 1992. These reports were generated after the first hearing and the full commission denied respondent's motion, finding it was not newly discovered evidence. By order dated July 27, 1992, the full
Respondent appealed to the circuit court which reversed the commission. The circuit court ordered appellants to reinstitute temporary total disability benefits, provide needed medical care as recommended in the reports of Dr. Marzluff, and pay Drs. Fenn, Skelton and Hodges for their services to respondent.
Appellants first contend the circuit court erred in reversing the commission's stop payment order, arguing substantial evidence in the record supports the commission's findings. We agree.
A decision of the Workers' Compensation Commission must be affirmed if the factual findings are supported by substantial evidence. Substantial evidence is
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