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Stockwell-Davies v. Larson Co.9/23/2003
(not designated for permanent publication)
INTRODUCTION
James H. Davies was injured while working for The Larson Company (Larson) on June 14, 1990, and in 1993 was awarded workers' compensation benefits, including 50-percent permanent partial disability and payment of listed medical expenses. In 1999, Davies petitioned for further benefits, including disability and medical expenses. The trial court found that he had not established that he had sustained a material and substantial increase in incapacity, but found that a substantial number of the post-1993 medical expenses were related to the 1990 accident, allowed these medical expenses, and disallowed all other requested benefits. Davies appealed to the review panel, but Larson did not cross-appeal. The review panel affirmed the trial court's denial of disability benefits but reversed the trial court's award of medical expenses, upon the bases that the 1993 award had not granted future medical benefits and that the trial court had not found Davies to have suffered an increase in incapacity. We conclude that the evidence supports the trial court's denial of benefits to Davies, but since Larson did not cross-appeal to the review panel, we conclude that neither the review panel nor this court could consider the correctness of the trial court's award of post-1993 medical expenses. Accordingly, we affirm in part and reverse in part, remanding the matter to the review panel with directions to reinstate the trial court's award.
BACKGROUND AND SUMMARY OF EVIDENCE
On June 14, 1990, Davies sustained a concussion in an accident arising out of and in the course of his employment with Larson when a steel pipe hit him on the head. On December 13, 1993, the Workers' Compensation Court entered an award finding that as a result of his head injury, Davies had suffered a sequela to his right leg, right foot, and temporomandibular joint; had experienced vestibular dysfunction resulting in severe vertigo; and had developed psychological, emotional, neuropsychological, and cognitive deficits. The trial court also attributed to the work accident the pretrial alcohol abuse and the emotional distress that followed it. The trial court stated that as to Davies' alcohol abuse and emotional distress, it was compensating Davies for expenses incurred because of the "temporary aggravation" of those pre-existing problems and any future treatment for substance abuse or emotional distress was not the responsibility of Larson. The trial court held that due to the work accident, Davies experienced temporary total disability from June 15, 1990, to August 31, 1993, a 25-percent permanent partial disability to his right leg, and a 50-percent loss of earning capacity. Benefits were awarded accordingly. Future medical benefits were not explicitly mentioned, but listed medical expenses were ordered paid, with credit for those already paid.
On July 19, 1999, Davies' wife, Jane E. Stockwell-Davies, was appointed guardian of Davies. On November 2, she filed a petition for a further award on Davies' behalf. The petition alleged that since the 1993 award, Davies had experienced disability and additional medical expenses as a result of the work-related injury of 1990; that Larson had refused to pay Davies additional benefits; and that the matters in dispute were Davies' disability award, medical bills, and right to rehabilitation as well as penalties and attorney fees.
On June 4, 2001, a hearing was held on the petition for a further award. The evidence included surveillance videotapes, depositions, and medical reports by several doctors. Given our standard of review, we summarize the facts surrounding the disputed issues in the light
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