HECTOR RODAS CRUZ CLAIMANT
v.
BRASFIELD & GORRIE, LLC EMPLOYER
And
TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY OF AMERICA CARRIER
MWCC No. 1900049-P-9549
Mississippi Workers Compensation Decisions
Mississippi Workers' Compensation Commission
October 30, 2019
APPEARING FOR CLAIMANT: Collin Maley, Esquire
APPEARING FOR EMPLOYER/CARRIER: Courtney T. Davis, Esquire
ORDER FOR INDEPENDENT MEDICAL EXAMINATION
DENEISE TURNER LOTT, ADMINISTRATIVE JUDGE.
This
matter comes before the Commission on a telephonic hearing
with all counsel on Claimant's Motion to Compel
IME filed September 10,2019 and on
Employer/Carrier's Response to Claimant's Motion
to Compel IME filed September 13, 2019.
I.
The
following statements were gleaned from the Commission file
and from representations made by the parties during the
motion hearing:
1.
Claimant is a 49-year-old carpenter who has a history of
performing manual labor.
2. On
July 26, 2018, he injured his right knee when he fell five
feet while working as a carpenter for Employer.
3. He
sought medical treatment from the MEA Clinic. He was
ultimately referred to Dr. David Gandy who performed surgery
on December 20, 2018 to repair a torn meniscus and partial
ACL tear. Since January 2019, he has had thirty-two physical
therapy visits.
4. Dr.
Gandy found Claimant reached maximum medical improvement on
April 3, 2019, with a 10% permanent medical impairment to his
right lower extremity and no permanent work restrictions.
5.
Claimant performed modified duty for Employer between the
date of injury and the date of maximum medical improvement,
except when he had surgery and physical therapy visits.
6.
After Claimant reached maximum medical improvement, he
returned to full duty for Employer per Dr. Gandy's full
duty release, but he felt that persistent knee pain prevented
him from performing all the duties of his employment. He
therefore secured other, less physically demanding work with
another employer where he...
