99-02629-G-6669. Humphries vs. Sanderson Plumbing Products, Inc.

Case DateApril 19, 2005
CourtMississippi
Mississippi Worker Compensation 2005. 99-02629-G-6669. Humphries vs. Sanderson Plumbing Products, Inc MARY HUMPHRIES CLAIMANT VS. SANDERSON PLUMBING PRODUCTS, INC. EMPLOYER SELF-INSURED MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 99 02629-G-6669Appearing for the claimant: Greg Harbison, Attorney at Law, Tupelo, Mississippi Appearing for the EmRloyer: Ronnie Roberts, Attorney at Law, Columbus, Mississippi FULL COMMISSION ORDER The above captioned cause come on to be heard on the 28th day of March, 2005 in Hearing Room C of the Mississippi Workers' Compensation Commission, Jackson, Mississippi, on the claimant's "Appeal from the Order of the Administrative Judge". After having reviewed the record on appeal, the matters submitted on brief, having considered the arguments of counsel and the applicable law, the Commission affirms the "Order of Administrative Judge" dated November 23, 2004, and renders. We do so, however, for a different reason. It is clear from the record that the claimant had several opportunities to choose physicians. Although the record is unclear as to whether the claimant chose to report to Baptist Memorial Hospital-Golden Triangle, Family Medical Clinic and/or Dr. Mullendore or whether this treatment was provided by the employer, it is clear that the claimant was a patient of Family Medical Clinic. It is also clear from the record that, assuming arguendo these three service providers were choices of the employer, as was Dr. Brad Ward, the neurosurgeon. And it is equally clear that if the claimant had not exercised her choice of physician by the time she was released to return to work by Dr. Ward, she utilized that choice when she sought the medical services of Dr. Billington. Assuming the Commission accepts Dr. Billington and any referral made by him as the claimant's choice of physician, which therefore gives claimant the benefit of the doubt in this issue of choice of physician, it is clear from the record that Dr. Billington did not refer the claimant to Dr. John McFadden. We reach this conclusion for two reasons: (1) there is no evidence of such referral in the (absent) records of Dr. Billington or in the records...

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