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Metcalf v. MPW Carpentry and Construction8/16/2005
otts further noted that he believed plaintiff's injury would resolve over time. Defendants denied plaintiff's groin injury claim, and plaintiff filed a Form 33 Request for Hearing to dispute the denial on 13 November 2001.
Plaintiff returned to see Dr. Abraham on 7 March 2002. Dr. Abraham wrote a note stating that plaintiff could return to full work duty on 8 March 2002. Dr. Abraham subsequently assigned a seven percent permanent partial disability rating to plaintiff's back.
Plaintiff saw Dr. Alan Tamadon (Dr. Tamadon) at Rehabilitation Medical Services on 11 June 2002 to get a second opinion. Dr. Tamadon noted that plaintiff had an unremarkable MRI, a normal hip x-ray, and normal electrodiagnostic results. Dr. Tamadon also noted that plaintiff "does not satisfy a disability criteria and receives a [permanent partial disability] rating of 0%."
Plaintiff saw Dr. Rufus Warren (Dr. Warren), plaintiff's family doctor, on 17 July 2002. Dr. Warren diagnosed plaintiff with radiculopathy of the right leg and recommended that plaintiff not lift over forty pounds, use a shovel, or drive for long trips without stopping every one to one and a half hours. The record indicates that " efendants were not informed of, and did not authorize, this appointment."
Dr. Abraham released plaintiff to full work duty on 8 March 2002, and defendants filed a Form 24 Application to Terminate or Suspend Payment of Compensation on 18 April 2002. During an informal telephone hearing conducted by the Industrial Commission on 29 May 2002, plaintiff asserted that he remained disabled due to his groin injury that was related to his admittedly compensable injury that occurred on 19 May 2001. However, in an administrative order entered 5 June 2002, Deputy Commissioner Myra L. Griffin noted that defendants had "denied liability for plaintiff's groin strain condition." Commissioner Griffin approved defendants' Form 24 application and ruled that defendants could terminate plaintiff's benefits effective 22 April 2002.
A hearing was held on 30 July 2002 before Deputy Commissioner Phillip A. Baddour, III. At the end of the hearing, Commissioner Baddour left the record open for the parties to obtain depositions from Doctors Abraham, Potts, Tamadon, and Warren. Commissioner Baddour also ordered that a functional capacity evaluation (FCE) be performed on plaintiff. The FCE was performed on 8 October 2002 and assessed plaintiff at a "heavy work" physical demand category pursuant to U.S. Department of Labor guidelines.
After the depositions and the FCE results were received, Commissioner Baddour closed the record and issued an opinion and award on 21 November 2003. Commissioner Baddour found that plaintiff was not temporarily totally disabled after 8 March 2002, and that plaintiff was not entitled to total disability compensation after 22 April 2002, the date on which defendants filed the Form 24. Commissioner Baddour denied plaintiff's claim for total disability compensation after 22 April 2002.
Plaintiff appealed to the Full Commission (the Commission). In an opinion and award entered 4 August 2004, the Commission made the following pertinent finding of fact:
12. [Plaintiff] was not temporarily totally disabled after 8 March 2002, the date Dr. Abraham released him to return to full work duty.
Based on that finding of fact, the Commission concluded that:
2. Plaintiff is not entitled to total disability compensation after April 22 2002, the date defendants filed a Form 24 Application to Terminate Payment of Compensation.
The Commission upheld Commissioner Baddour's decision. Plaintiff appeals.
Our Cour
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