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CASTLEBERRY v. ELITE LAMP COMPANY3/22/2000
This is an appeal and cross-appeal from the Arkansas Workers' Compensation Commission. We reverse and remand on direct appeal. We affirm on cross-appeal.
Wilma Castleberry has been a factory worker most of her life. She has a ninth-grade education. In the 1980s, Castleberry suffered from carpal tunnel syndrome for which she underwent surgery. She began working for Elite in January 1994 and was working there on February 9, 1995, when she was injured. Her duties involved making 300 to 500 lampshades every day. On February 9, while turning a lampshade, Castleberry felt a sharp pain in her wrist. She returned to work the following day, but because of the pain in her wrists was unable to continue and has not worked since. She testified that she experiences numbness in both hands, swelling, aching, and an inability to move her thumbs or twist her wrists. Castleberry's injury was accepted as compensable initially, and Elite paid medical benefits and temporary total disability (TTD) benefits. They unilaterally discontinued the TTD payments on April 6, 1995.
Castleberry initially sought treatment with Dr. Bibb who recommended she see Dr. Howser, a neurosurgeon in Memphis. On April 26, 1995, Dr. Howser noted that an EMG revealed Castleberry to be suffering from carpal tunnel syndrome (CTS) and recommended surgery. Castleberry moved to Michigan to live with her family because she was unable to support herself without disability payments. Dr. Howser agreed to send her records to Michigan so that she could receive treatment. On November 21, 1995, Castleberry was evaluated by Dr. Leslie Wong. Although Castleberry had only requested a change of physician, Elite's compensation carrier scheduled an Independent Medical Examination (IME) with Dr. Wong. At the November 21, 1995, examination, Dr. Wong found some subjective evidence of CTS and ordered an EMG for clarification. He reported these findings to the insurance company's claims manager in charge of Castleberry's file by letter that same day. The EMG was performed by Dr. Kreitsch on November 29, 1995, and reportedly ruled out CTS. Dr. Kreitsch noted, however, that the evidence of CTS may have been stronger when the EMG was done by Dr. Howser closer to the date of the injury. These results were forwarded to Dr. Wong that same day.
On December 5, 1995, a hearing was conducted before Judge Harrison. Elite did not enter the report of Dr. Wong or the results of the EMG into evidence. In an opinion which was not issued until April 24, 1996, Judge Harrison held that Castleberry had sustained her burden of proof. The opinion stated that Castleberry was entitled to "ongoing medical care under the direction of Dr. Wong," and TTD "until she has obtained appropriate medical care and is released to return to work." Neither party appealed.
On December 12, 1995, Castleberry returned to Dr. Wong and was diagnosed with de Quervain's syndrome. Castleberry continued to seek treatment for her compensable injury. She first attempted to return to Dr. Wong for treatment as specifically allowed by the order of April 24, 1996. Dr. Wong refused to treat her because he had only been authorized initially to conduct an IME, and it is his practice not to continue treatment of patients on whom he conducts an IME. By letter dated August 1, 1996, Dr. Wong informed Elite that Castleberry was only partially disabled, not totally, when he examined her in November and December. As a result of this letter, Elite unilaterally decided that Castleberry was only entitled to TTD benefits through November 21, 1995, a date preceding the hearing and order awarding benefits. In August 1996, Elite paid TTD benefits in the amount of $4,492.85 to cover the period of April 7, 1995, unt
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