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Hamaker v. Baptist Health12/14/2005
NOT DESIGNATED FOR PUBLICATION
Pro se appellant Donna L. Hamaker appeals from a decision of the Workers Compensation Commission. She argues that the Commission erred in not ordering Baptist Health and its insurer (Crockett Adjustment) to reimburse her for medical expenses incurred and in calculating her average weekly wage at $471.04. She also urges this court to order the Commission to adopt procedures that clarify the means under which a change of physician petition is received and granted by the Commission. Finally, she contends that appellees should reimburse her $120 in legal fees. We affirm.
Factual and Procedural History
Appellant suffered an admittedly compensable injury on March 16, 2003, when she caught a patient who was falling out of bed. She felt immediate pain in her back while straining to hold and lower the patient to the floor. Appellant was originally sent to Baptist Medical Center Fast Track Emergency Room. On March 18, 2003, appellant's supervisor, Cathy Clark, asked her to come back to the hospital to fill out paperwork and to be seen by a physician. Appellant testified that she had questions about the form, referred to as Form N, but that Clark "stated that all that was important was that I write down how the injury occurred and sign the form. I was told unless I hurried up and completed the paperwork before closing time, I would have to wait another day to see a doctor." She claimed that she never saw a back page to the form and that she never received a copy of anything.
Appellant later notified JoAnn Crowe, case worker for Crockett Adjustment, that she continued to have problems with her back, and she and Crowe agreed to consult Dr. Bruce Safman. Dr. Safman ordered an MRI; however, after the MRI was performed, Crowe told appellant that she needed to see someone else. Appellant agreed to see Dr. John Wilson in July 2003. Dr. Wilson stated that appellant had suffered a bulging disc at L4-5. He took her off work and recommended physical therapy as well as epidural steroid injection therapy. He later assessed a five-percent impairment rating to the body.
Appellant was scheduled to see Dr. Wilson on December 17, 2003; however, she wanted approval to see a neurologist. She contacted Crowe, who agreed that appellant's symptoms merited an evaluation by a neurosurgeon. During the discussion, appellant and Crowe agreed that appellant would see Dr. James Adametz. Crowe told appellant that she was sure the change would be approved. Crowe asked appellant to send her something in writing requesting the change in physician and to address the letter "To Whom It May Concern" because the letter would be sent to other people. Appellant testified that there was no discussion about petitioning the Commission for any reason, including a one-time change of physician, yet Crowe sent the letter to the Commission. Crowe forwarded the letter to the Commission without appellant's knowledge or consent.
On December 24, 2003, appellant received a notice from the Commission indicating that it had approved her change-of-physician petition. Appellant later confronted appellees and asked that they stipulate that the change of physician was a mutually-agreed change and not the one-time statutory change. Appellees refused. Appellant cancelled the appointment that she had previously set with Dr. Adametz. She testified that she did not see Dr. Adametz or Dr. Wilson out of fear that it would create the appearance that she had approved the Commission's order. Appellant presented to Dr. Scott Schlesinger because she thought she had no treating physician but needed to be seen by someone. She claimed $1170.65 in out-of-pocket expenses as a result of being i
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