Blackwell v. Halcyon Hospice/Yazoo City, 022618 MSWC, 1701491-P-5391-B

• Case Date: February 26, 2018
• Court: Mississippi

SHELLI BLACKWELL CLAIMANT v. HALCYON HOSPICE/YAZOO CITY EMPLOYER AND ACE AMERICAN INS. CO. CARRIER MWCC No. 1701491-P-5391-B Mississippi Workers Compensation Decisions Mississippi Workers' Compensation Commission February 26, 2018           APPEARING FOR CLAIMANT: Al Chadick, Esquire, Kosciusko, Mississippi           APPEARING FOR EMPLOYER AND CARRIER: Madison Taylor, Esquire, Madison, Mississippi           ORDER FOR INDEPENDENT MEDICAL EXAMINATION           DENEISE TURNER LOTT, ADMINISTRATIVE JUDGE.          This matter comes before the Commission on a telephonic hearing with all counsel on December 20, 2017, at 11:00 a.m., on Claimant's Motion to Compel Medical Treatment filed November 14,2017, and on Employer/Carrier's Response to Claimant's Motion to Compel Medical Treatment and Motion for IME filed on December 7, 2017.          I.          The following facts were gleaned from those documents which comprise the record pursuant to Mississippi Workers' Compensation Commission Rule 2.10 and from representations made by the parties during the motion hearing:

1. On February 6, 2017, Claimant was employed as a volunteer coordinator with Employer when she fell and injured her right knee. Employer/Carrier accepted the claim as compensable.

2. Claimant treated with Dr. James Withers who referred her to Dr. Jason Craft at Sports Medicine Clinic. On May 16, 2017, Dr. Craft opined that Claimant had a "patellar tendon strain and probably an aggravation of some pre-existing arthritis."

3. After Dr. Craft evaluated Claimant, he referred her to his partner, Dr. Jeff Almand, who recommended that she undergo a partial right knee replacement as a result of her work injury. On September 6, 2017, Dr. Almand opined that Claimant's "injury at work aggravated the pre-existing osteoarthritis."

4. On August 7, 2017, Dr. David Gandy performed an Employer Medical Evaluation (EME) and opined that Claimant's need for a partial versus total knee replacement was reasonable treatment, but it was needed because of her arthritis and not her work injury. Dr. Gandy opined that arthroscopic surgery to repair Claimant's

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