Aaron v. Viro Group2/26/2001
Appeal From Lexington County Marc H. Westbrook, Circuit Court Judge
Heard January 9, 2001
REVERSED AND REMANDED
William L. Aaron ("Aaron") appeals an order of the Circuit Court, which affirmed the determination of the full Workers' Compensation Commission ("Commission") that Aaron's rights to compensation and to take or prosecute any proceedings against his employer Viro Group and its workers' compensation carrier, ITT Hartford (collectively "Employer"), under the Workers' Compensation Act were suspended because of his failure to submit to a medical examination, as required by S.C. Code Ann. § 42-15-80. We reverse and remand.
FACTS / PROCEDURAL HISTORY
Aaron injured his back at work on May 8, 1995. The injury was admitted by Employer, who provided medical treatment to Aaron by Dr. Edward Golay. Dr. Golay, a family practice physician, was designated by Employer as Aaron's treating physician. Dr. Golay treated Aaron on numerous occasions from the time shortly after Aaron's accident until December 1996. During this treatment, Dr. Golay referred Aaron for magnetic resonance imaging ("MRI") testing. Dr. Ross D. Lynch, a specialist in orthopedics, ordered an MRI for Aaron. The test was performed May 15, 1996. Following the MRI, Dr. Lynch assigned Aaron a 5% impairment rating and dismissed Aaron from his care on June 4, 1996. Dr. Golay continued to treat Aaron.
Dr. Golay referred Aaron to Dr. Randall G. Drye, a neurosurgeon, in November 1996. As a result of this referral, Dr. Drye examined Aaron and recommended surgery. Surgery was performed on Aaron's back on December 27, 1996. Employer refused to pay for this procedure. Following treatment, Dr. Drye informed Aaron he could return to work, but Employer laid him off.
In January 1997, Aaron filed a Form 50 request for a hearing. Aaron withdrew this request before the hearing took place. Aaron filed another Form 50 on June 12, 1997. By letter dated September 15, 1997, Employer requested Aaron attend a medical examination on September 30, 1997, pursuant to § 42-15-80. By letter dated September 29, 1997, Aaron's attorney stated Aaron could not attend on September 30, 1997, but would be available on or after October 5, 1997. Employer rescheduled the exam for October 13, 1997; however, Aaron did not appear for this scheduled evaluation.
Based on Aaron's refusal to submit to a medical evaluation, Employer filed a motion to compel Aaron to submit to the examination and to postpone the scheduled hearing pursuant to § 42-15-80. Aaron filed an objection to this motion.
By order dated October 17, 1997, the single commissioner summarily denied Employer's motion without hearing or argument. Employer filed a Form 30 requesting review by the full Commission. However, pending this appeal, the single commissioner issued an order dated December 5, 1997, awarding Aaron workers' compensation benefits based on a hearing held on October 23, 1997. Employer filed an additional Form 30 request for review as a result of the December order.
Additionally, by order dated January 12, 1998, the single commissioner again denied Employer's motion to compel a medical evaluation or suspend the proceedings. Employer filed a third Form 30 requesting full Commission review of the single commissioner's denial of its motion, although a hearing on the merits had already taken place.
The three Form 30s were consolidated for appeal. By order dated June 16, 1998, the full Commission reversed the single commissioner's orders dated October 17, 1997 and January 12, 1998, finding Aaron's rights to compensation and to take or prosecute any proceedings against Employer we
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