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Faison v. American National Can Co.7/19/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Corvair Faison (now Batts) ("plaintiff") appeals from an opinion and award of the North Carolina Industrial Commission ("Full Commission"). For reasons stated herein, we affirm the opinion and award of the Full Commission in part and remand in part.
Plaintiff sustained a compensable injury while employed by American National Can Company ("American Can"). American Can is a duly qualified self-insured and Gallagher Bassett Services is the claims administrator ("claims administrator") (collectively,"defendants"). Plaintiff's injury resulted in disability beginning 24 November 1995. On 13 March 2003, a deputy commissioner awarded plaintiff temporary total disability compensation and ordered defendants to pay for all psychological and physical treatment. Plaintiff was also ordered to cooperate in any reasonable requests by defendants to participate in vocational rehabilitation. The parties appealed the opinion and award to the Full Commission.
The Full Commission found the following pertinent facts:
1. Plaintiff's back was injured while turning the crank on a carton machine on August 2, 1995. The injury resulted in disability beginning November 24, 1995.
2. Liability was admitted by Form 21 agreement and plaintiff began receiving compensation for incapacity to earn wages beginning November 24, 1995.
3. Plaintiff returned to light duty on August 2, 1996. She was transferred to her regular job and her back pain was aggravated to the point that she could not work beginning September 4, 1996.
....
7. Medical case management was assigned to the claim by the workers' compensation administrator during February 1999. The case manager arranged for prescriptive medications by mail beginning July 1, 1999, an independent
psychological examination by Dr. Schmickley, a functional capacity evaluation, and an independent medical evaluation by Dr. Sanitate.
8. On October 21, 1999, Dr. Boyette diagnosed nothing surgical in plaintiff. There was a lack of objective findings to coordinate with reported symptoms. Dr. Boyette recommended evaluation by a psychiatrist.
....
12. Plaintiff was evaluated by Gary Bachara, Ph.D. on August 15, 2001 on referral from the North Carolina Department of Health and Human Resources. Plaintiff presented with a history of back pain due to injury at work. Plaintiff was suffering from pain associated with both physical and psychological factors. The prognosis for her working was poor. Treatment at a pain clinic was recommended.
13. On September 18, 2001, plaintiff became a patient of Raymundo D. Millan, M.D. who is a physician specialized in pain management. He began treating her for chronic low back pain and myofascial pain syndrome.
....
15. William J. Albrecht, Ph.D. became plaintiff's treating psychologist on September 18, 2001.
....
17. Dr. Albrecht has provided cognitive behavioral treatment for plaintiff since October 2, 2001.
18. Plaintiff has multiple musculoskeletal complaints involving chronic low back pain and myofacial syndrome of the low back: her physical complaints are in excess of what would be expected from the history, physical examination and laboratory findings; her symptoms have caused clinically significant distress and impairment of occupational functioning continuously since Nov
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