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Angell v. Cooper Tire and Rubber Co.9/28/2005
NOT DESIGNATED FOR PUBLICATION
This is a workers' compensation case. An administrative law judge filed an opinion on October 17, 2002, finding that the appellee, Cooper Tire & Rubber Company, was in contempt of the Workers' Compensation Commission. In addition, the ALJ imposed a $10,000 fine on appellee. However, the Commission reversed the ALJ, found that Richard Angell, the appellant, failed to prove that appellee was in contempt of the Commission, and reversed the imposition of the fine. On appeal, appellant presents two issues for our review: (1) whether "the Commission erred in reviewing past hearings to determine that appellee was not in contempt as they were res judicata"; and (2) whether substantial evidence supports the Commission's decision. We affirm in part and reverse and remand in part.
Appellant suffered an admittedly compensable injury on June 8, 1992. Appellee paid temporary total disability compensation through May 31, 1993. The parties stipulated that appellant had reached the end of his healing period for a left leg injury and that appellee paid a 23% impairment to the left lower extremity.
In an opinion filed February 9, 1996, an administrative law judge found that appellant was entitled to an independent medical evaluation by Dr. John L. Wilson. Dr. Wilson recommended, "If [appellant] is able to show the trend of losing weight, it would be appropriate to do an arthroscopy of his right knee and address the intra-articular problem."
On October 29, 1997, another ALJ filed an opinion finding that appellant's physical problems involving his right leg and back were causally related to his June 8, 1992, compensable injury. The ALJ found in pertinent part:
8. [Appellee is] responsible for continued reasonably necessary medical and related treatment provided by Dr. William S. Bundrick as well as any legitimate referrals made by Dr. Bundrick.
9. Dr. Bundrick is recognized as [appellant's] primary medical provider
11. The nature and extent of [appellant's] disability, as well as [appellant's] entitlement to further indemnity benefits requires additional development of the medical evidence, and, is by necessity specifically reserved.
The ALJ further found:
hat [appellant] has shown, by a preponderance of the credible evidence, that there is a causal connection between appellant's leg and back complaints and the June 8, 1992, admitted injury. Accordingly, it is hereby determined that [appellee], should be held responsible for all past medical and related expenses, together with continued reasonable and necessary treatment as outlined by Dr. Wilson in his May 9, 1996, report. It must be noted that Dr. Wilson's final diagnosis of the back was a lumbosacral strain which has long since resolved and no recommendations for treatment were made as related to the back. It must further be noted that Dr. Wilson's recommendations concerning treatment for the right knee were for continued conservative treatment and to avoid surgery until and unless [appellant] overcomes his weight problem. . .
I find that the original and primary treating physician, Dr. William S. Bundrick, is authorized to provide the additional treatment recommended by Dr. Wilson. Accordingly, [appellee] would be responsible for outstanding medical and related expenses from all authorized treating physicians, including, but not limited to the treatment by Dr. Bundrick, as well as continued reasonably necessary treatment provided by Dr. Bundrick and/or through his valid referrals.
In a related matter, I specifically find that any treatment provided by Dr. Roshan Sharma is unauthorized, outside th
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