Matias v. Belk, Inc., 030320 MSWC, 08 07260-K-3254

• Case Date: March 03, 2020
• Court: Mississippi

CHRISTINA M. MATIAS CLAIMANT v. BELK, INC. DISTRIBUTION WAREHOUSE EMPLOYER AND ZURICH AMERICAN INSURANCE COMPANY CARRIER MWCC No. 08 07260-K-3254 Mississippi Workers Compensation Decisions Mississippi Workers Compensation Commission March 3, 2020          ORDER GRANTING MOTION TO COMPEL MEDICAL TREATMENT           Alan C. Goodman, Administrative Judge.          A hearing was held on March 2, 2020, on Claimant's Fourth Motion to Compel Medical Treatment and for Attorney's Fees, and this Administrative Judge, after reviewing the records on file at the Commission and hearing arguments of counsel, finds and orders as follows:

1. Claimant settled the indemnity portion of her claim on April 19, 2011;

2. Claimant has been receiving current medical care from Dr. Howard Katz. Claimant suffers from migraine headaches which Dr. Katz has treated with the medication Migranal. On November 12, 2019, Dr. Katz recommended that Claimant undergo Botox injections to decrease the frequency of migraine headaches and eliminate Claimant's need for Migranal;

3. Dr. Katz's recommendation for Botox treatment for Claimant was denied as not medically necessary by the Employer/Carrier's pre-certification physician review;

4. Dr. Katz also recommended a TENS unit to treat Claimant's pain complaints and help reduce her use of opioid medications. Claimant had used a TENS unit earlier in her medical care. The Employer/Carrier likewise denied Dr. Katz's request for a TENS unit;

5. Claimant's motion also seeks an award of attorney's fees for the time and expense in bringing this motion. MWCC Rule. 2.12;

6. Claimant underwent an Employer's Medical Evaluation with Dr. Philip Blount on June 7, 2019. Dr. Blount provided his opinion that Claimant's current symptoms are not related to her work injury on June 13,

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