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Electric Cowboy1/30/2002
NOT DESIGNATED FOR PUBLICATION
This is an appeal from a decision of the Workers' Compensation Commission finding appellee's injury to be compensable and awarding benefits. Appellant contends that the Commission's decision is not supported by substantial evidence. Appellee also argues that we should reverse the Commission's denial of a penalty for appellant's refusal to pay benefits. We affirm.
Appellee Melissa Thetford began to work for appellant Electric Cowboy in August 1998 as a bartender. She was paid $2.15 per hour, plus tips. She testified that she never made less than $100 per night in tips, averaging $22 to $25 per hour in tips. At the time she sustained her injury, she worked approximately eighteen to twenty hours a week on Thursday, Friday, and Saturday nights. She testified that she injured her back on Saturday, May 1, 1999. She described that she was putting a case of beer into the cooler, and when she bent over to pick it up, she felt something pop, causing a sharp pain in her back. One of appellee's fellow bartenders observed her injury, and she reported it that night to her manager, Darrell "Bucket." Appellee stated that she took a pain pill, which she had in her purse after having dental work, and continued to work because she could not afford to leave. Appellee went home that night and laid on a heating pad and could not move the next day when she woke up. Monday morning she made an appointment with a chiropractor, Dr. McCormick, for Tuesday, May 4, 1999. Two hours after visiting Dr. McCormick for an adjustment, she presented to the emergency room of St. Michael's Minor Care Clinic because her back problems were not alleviated.
At the hospital, appellee was diagnosed with sciatica and given muscle relaxers and pain medication, and she returned to work. Appellee stated that she went back to the doctor in June; she was seen in the emergency room of Wadley Regional Medical Center, where x-rays were taken and she was prescribed more pain medication and muscle relaxers.
Appellee indicated that she continued to work for appellant because she could not afford to take off work. In August 1999, appellee again reported to the emergency room of Wadley Regional Medical Center, when she was referred to AHEC, where she was seen by Dr. Corbell, who prescribed pain medication and scheduled an MRI. After the MRI, appellant was seen by Dr. Weems and his partner, Dr. DeHaan, who diagnosed appellee with two herniated discs and performed surgery on October 15, 1999.
Appellee continued to work at the Electric Cowboy until August 26, 1999, when she was terminated for her absenteeism and attitude. She stated that she was not aware of what was wrong with her back at the time she was terminated. She was planning on going to the doctor to find out exactly what was wrong with her back after her health insurance was to take effect; however, she was unable to pay the premiums after she was terminated. During the last week of August and first week of September, appellee did computer work from home for Patterson Engineering, but stopped because of her inability to drive. Appellee has not worked since that time.
In addition to her own testimony, appellee presented the testimony of Jodi Taylor, which is discussed infra. Due to appellant's failure to completely and fully disclose the information requested by appellee in accordance with discovery and the prehearing order, appellants were only allowed to proffer the testimony of its witnesses -- Jeff Privett and Mike Butler.
After a hearing on March 2, 2000, the administrative law judge, in a June 6, 2000 opinion, ruled in favor of appellee, finding that she sustained a compensable injury, tha
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