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St. Edward Mercy Medical Center v. Jarvis4/27/2005
NOT DESIGNATED FOR PUBLICATION
The Arkansas Workers' Compensation Commission-affirming the decision of the Administrative Law Judge-found that appellee Krista Jarvis was entitled to additional medical benefits as a result of her admittedly compensable injury and was entitled to a change of physician to someone near her present hometown of Elk City, Oklahoma. St. Edward Mercy Medical Center and Sisters of Mercy Health System (hereinafter "St. Edward") contend on appeal that Jarvis received all benefits to which she was entitled and that the Full Commission committed reversible error in its findings that Jarvis was entitled to further medical treatment and a change of physician at their expense. We disagree and affirm.
Jarvis is a registered nurse currently living in Elk City, Oklahoma. On April 15, 2000, she was living in Fort Smith working for St. Edward when she sustained a low-back injury lifting a 300-pound patient. She suffered a compensable injury consisting of back pain and leg pain as a result. She received medical treatment in the St. Edward emergency room on April 15, 2000, for complaints of lower-back pain and was diagnosed with lumbar strain with spasm as well as lumbar disc disease.
On April 18, 2000, Jarvis was treated by Dr. Sheikha at Cooper Clinic. Dr. Sheikha, who had previously seen Jarvis for back pain due to a work injury , continued Jarvis's medications, referred her to physical therapy, diagnosed her with low-back pain and muscle spasms, and recommended a second MRI (her first MRI was taken on December 23, 1998). The second MRI was performed on April 24, 2000, and it showed a central-disc protrusion at L5-S1 with associated annular tearing as well as diffused mild disc bulge at L4-5.
On May 10, 2000, Jarvis visited Dr. Capocelli (at her own expense) with complaints of low-back pain radiating down her legs. Dr. Capocelli diagnosed Jarvis with lumbar sprain as well as bulging disc at L4-5 and L5-S1. The doctor continued Jarvis on her medications and recommended physical therapy. However, Jarvis testified that she did not follow through with Dr. Capocelli's physical therapy recommendation because she moved to Oklahoma the next day and because she did not think that St. Edward would pay for this recommended course of treatment considering that they did not pay for her visit to Dr. Capocelli.
Jarvis was seen by Dr. Gill on February 13, 2001. She complained of back and leg pain and mentioned that she was injured two years earlier. Dr. Gill opined that Jarvis had significant paraspinous muscle spasm and diagnosed her with low-back syndrome. He recommended that she take certain medications and rest for one week. Jarvis was seen in follow up by Dr. Gill on February 15, 2001, where he noted that her back pain had improved and her muscle spasms had decreased. Jarvis also underwent epidural-steroid injections at the Great Plains Regional Medical Center on April 24, 2001, at the recommendation of Dr. Gill. This same procedure was performed again on August 30, 2001. The progress notes from the Great Plains Regional Medical Center on August 30, 2001, indicate that Jarvis received excellent results from her April 24, 2001, injection.
At the hearing, Jarvis testified that approximately one month after her injury, she moved to Elk City. She obtained employment there as a nurse. She claimed that she had not sustained any new back injury subsequent to April 15, 2000, but her symptoms continued and were in the same area she had injured while moving the 300-pound patient. She acknowledged that at one point there was a hearing scheduled to determine if she was entitled to a change of physician but, because she was pregnant at the time, she
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