JAMES MCELROY, SR. CLAIMANT
v.
MAK HAIK FORD, INC. EMPLOYER
And
ARGONAUT INSURANCE COMPANY CARRIER
MWCC NO. 1609237-P-2828-E 32
Mississippi Workers Compensation Decisions
Mississippi Workers' Compensation Commission
October 28, 2019
Representing the Claimant: Amanda G. Fritz, Esquire
Representing the Employer/Carrier: H. Case Embry, Esquire
ORDER ON CLAIMANT'S MOTION FOR RECONSIDERATION OF
ADMINISTRATIVE LAW JUDGE'S ORDER DATED JUNE 11,
2019
CINDY
P. WILSON ADMINISTRATIVE JUDGE.
James
McElroy, Sr., ("Claimant") filed a Motion for
Reconsideration of the undersigned's Order of June
11,2019. This Order provided that Claimant's Motion to
Compel Medical Treatment and Temporary Total Disability
Benefits was denied and an independent medical evaluation was
not warranted. The facts reflect that on or around July
21,2016, Claimant suffered work-related injuries to his neck
and back and the Employer/Carrier have admitted
compensability. Claimant received medical treatment for these
injuries with Dr. Daniel Dare and Dr. Adam Lewis.
Additionally, on November 1, 2018, Claimant underwent an
Employer's Medical Evaluation conducted by Dr. Graham
Calvert. An issue arose as to whether Claimant required any
additional medical treatment for his alleged neck and back
injuries. Dr. Calvert opined that no treatment was needed,
noting that the Claimant had reached maximum medical
improvement ("MMI").
On
April 18, 2019, counsel for the Claimant requested that an
Independent Medical Evaluation ("IME") be conducted
and this Administrative Judge ordered that an IME be
conducted by Dr. John Davis and same was scheduled and a
pre-payment was provided to Dr. Davis. Claimant contends that
Dr. Davis should not be chosen as the IME physician due to
the Employer/Carrier's past request for Claimant to see
Dr. Davis for an EME or "IME with option to treat".
This request was based on email correspondence from the
paralegal for the Employer/Carrier's counsel. However,
Claimant had already been referred to a neurosurgeon by
Claimant's treating physician, Dr. Bradley Suggs with MEA
Medical Clinic, following an MRI of the...
