Gattis v. Max Home LLC, 050219 MSWC, 1700474-P-5056

• Case Date: May 02, 2019
• Court: Mississippi

PATRICIA GATTIS CLAIMANT v. MAX HOME LLC EMPLOYER AND GREAT AMERICAN ALLIANCE INSURANCE COMPANY CARRIER MWCC No. 1700474-P-5056 Mississippi Workers Compensation Decisions The Mississippi Workers' Compensation Commission May 2, 2019           APPEARING FOR CLAIMANT: Melissa "Missy" McKinney Wigginton, Esquire           APPEARING FOR EMPLOYER/CARRIER: George Read, 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 April 25, 2019, on Claimant's Motion to Compel Medical Treatment, to Pay Outstanding Medical Bills and to Pay Total Temporary Disability Benefits filed April 5, 2019, and Employer/Carrier's Response to Claimant's Motion to Compel Medical Treatment filed April 19, 2019.          I.          The following facts were gleaned from the Commission file and from representations made by the parties during the motion hearing:

1. Claimant is a 58-year-old resident of Tishomingo County, Mississippi.

2. She had worked as a seamstress for Max Homes, Inc., for twenty-four years when she injured her left leg at work on October 8, 2016. The accident occurred when she tripped on thread on the floor and fell, thereby injuring her left knee and leg.

3. She was transported to North Mississippi Medical Center (NMMC) and diagnosed with a lateral tibial plateau fracture and torn ACL. She was treated by Dr. John Foropoulos, Magnolia Orthopaedics & Sports Medicine Clinic, P. A., who performed a surgical repair on January 24, 2017.

4. On March 8, 2017, Claimant returned to light duty work for Employer. She continued to perform light duty work for Employer while also receiving active medical treatment for persistent leg symptoms from Dr. Foropoulos. In the summer of 2017, he administered a series of five Supartz injections to her left knee.

5. In November 2017, Dr. Foropoulos scheduled Claimant for a total left knee replacement.

6. A dispute ensued between Claimant's workers' compensation and general health carriers about

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