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Martin v. Davison Transport9/28/2001
CARAWAY, J., concurs in part and dissents in part with reasons.
Defendants, Davison Transport, Inc., and its self-insurer, Davison Insurance Agency, Inc., have appealed from a workers' compensation judgment ordering them to remove and replace the medical case manager assigned to claimant, Joe Martin, and imposing penalties and attorney fees. Finding no error, we affirm.
Facts and Procedural History
Claimant, Joe Martin, a truck driver, was employed by Davison Transport, Inc. On November 29, 1998, while Martin was driving an 18-wheel tractor-trailer rig carrying 3,800 gallons of caustic soda, an accident occurred in which he was seriously injured. The cab he was driving flipped over several times before coming to rest upside down in a body of water. At some point Martin was ejected from the cab; he sustained severe injuries to his cervical spine, scapula, tailbone, an elbow and an ankle.
Martin was paid temporary total disability and medical benefits. Asserting that defendants refused to allow him to choose his own specialist, Martin filed a claim with the OWC. In their answer, defendants took the position that Martin was allowed his choice of doctor but that he wanted to change physicians because he didn't like what he was being told by the orthopedic specialist who had been treating him. The parties reached an agreement recognizing Martin's right to evaluation and treatment by another specialist and dismissing Martin's claim for attorney fees and penalties.
Martin filed an amended claim with the OWC on May 3, 2000, urging that his weekly disability rate should be $367 instead of $281.37 and that defendants refused to approve necessary medical equipment, i.e., a motorized wheelchair and lift. Thereafter, defendants sought an order to compel Martin and his attorney to allow defendants, through Sheila Robbins, the medical case manager selected by defendants, to communicate directly with Martin and his health care providers.
On August 8, 2000, Martin filed a rule to have defendants ordered to:
(1) reimburse him for a $500 medical evaluation fee;
(2) assign him another case manager;
(3) refrain from any further direct contact with his health care providers; and
(4) pay attorney fees/costs associated with the rule.
Defendants' response was that the rule should be denied because:
(1) assignment of a case manager was within the sole discretion of the employer/insurer;
(2) the current case manager should be maintained; and
(3) Martin failed to allege that his opportunity to receive medical treatment had been sabotaged or otherwise interfered with by defendants.
Following a hearing on the rule filed by Martin, judgment was signed on October 24, 2000, granting the following relief:
(1) Defendants were ordered to reimburse the $500 deposit paid by Martin's attorney to an out-of-town health care provider.
(2) Defendants were ordered to replace Sheila Robbins, the medical case manager, with a new case manager, one who had neither worked with nor had a previous relationship with defendants or their employees.
(3) The new case manager was ordered to meet with Martin and submit to the WCJ a recommendation regarding Martin's treatment and plan for recovery.
(4) Defendants were ordered to pay $2,000 in penalties and $3,000 in attorney fees for:
(a) failure to timely provide Martin with a motorized wheelchair;
(b) delay in providing medical records to Martin's choice of physician;
(c) apparent disregard for Martin's healt
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