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Phillips v. Hertz Corp.10/18/2005
gn consulting for which he earned approximately $3,000.00. When Phillips returned to Dr. Griffin on 10 May 2002, he complained of pain in his right knee, a progressive knock knee deformity, daily pain, and intermittent swelling of the knee, especially with activity. An x-ray revealed that bone was rubbing against bone in Phillips' knee. Dr. Griffin concluded that an arthroscopy would no longer be of benefit to Phillips, but rather that he needed a total knee replacement. Dr. Griffin also believed that Phillips had not reached maximum medical improvement and retained the same restrictions that he had in November 2001. While Dr. Griffin anticipated that Phillips would continue in the future to have restrictions, he felt that following the knee replacement, the restrictions might be slightly less. Dr. Griffin expressed the opinion that the necessity for a knee replacement was caused by Phillips' compensable injury by accident on 8 June 2000.
On 25 October 2001, Phillips filed a Form 33, requesting a hearing on his claims for payment of medical expenses and attorneys' fees. Defendants' response stated that " efendants contend Employee-Plaintiff is not entitled to additional medical treatment as a result of any workers' compensation injury." The parties' pre-trial agreement included as additional issues to be decided: (1) whether Phillips suffered a compensable injury and (2) the nature of the benefits to which Phillips was entitled.
At the hearing before Deputy Commissioner Wanda Blanche Taylor on 30 July 2002, defendants acknowledged that Phillips had suffered a compensable injury on 8 June 2000. The parties then entered into the following stipulation as described by the Deputy Commissioner:So we have a stipulation that plaintiff suffered a compensable injury to his right knee, that medical treatment is, shall we say, as of today authorized by Dr. Griffin, and that once he has an appointment with Dr. Griffin, whatever Dr. Griffin says about temporary total or whatever, is going to be treated as compensable as well[.]
The parties also confirmed that the only issues to be resolved in the hearing were accrued temporary partial disability and temporary total disability.
On 22 November 2002, prior to a decision being rendered, Phillips moved to compel payment of temporary total disability and for sanctions. The motion asserted that Phillips underwent a full knee replacement on 29 October 2002, but that defendants had, contrary to the stipulation, refused to pay temporary total disability following the surgery. The motion sought a 10% penalty and $500.00 in attorneys' fees. On 13 December 2002, the Deputy Commissioner entered an order finding that defendants had in bad faith refused to pay temporary total disability benefits, that Phillips was entitled to accrued unpaid benefits in the amount of $1,960.62 for the period 29 October 2002 through 12 December 2002 and continuing, and that Phillips was entitled to receive a 10% penalty in the amount of $196.06 and attorneys' fees in the amount of $500.00. The order further directed that defendants "immediately pay" to Phillips all accrued and unpaid benefits to date. Defendants forwarded a letter to the Commission dated 23 December 2002 stating that it was a "Notice of Exception" to the 13 December 2002 order. On 26 December 2002, Phillips moved to compel compliance with the 13 December 2002 order, asserting that as of 26 December 2002, defendants had failed to make any payments to Phillips. On 13 January 2003, the Deputy Commissioner found that Phillips received a check for $2,240.10 for temporary total disability compensation on 31 December 2002, but that defendants had failed to pay the compensation owed in a timely manner, making t
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