DONALD PRYOR CLAIMANT
v.
MS FORESTRY COMMISSION EMPLOYER
v.
MS STATE AGENCIES WORKERS' COMPENSATION TRUST CARRIER
MWCC No. 1805862-P-7374-D
Mississippi Workers Compensation Decisions
Mississippi Workers' Compensation Commission
October 30, 2019
APPEARING FOR CLAIMANT: John Raymond Tullos, Esquire
APPEARING FOR EMPLOYER AND CARRIER: Ginger M. Robey, Esquire
ORDER FOR INDEPENDENT MEDICAL EXAMINATION
VIRGINIA WILSON MOUNGER ADMINISTRATIVE JUDGE.
This
matter comes before the Commission on a telephonic hearing
with all counsel on October 25, 2019, at 10:00 a.m., on
Claimant's Motion to Compel Medical and Indemnity and
Employer/Carrier's Response, and this Administrative
Judge, after reviewing the records on file at the Commission
and hearing arguments of counsel, finds as follows:
1.
Claimant alleges that he contracted Rocky Mountain Spotted
Fever as a result of tick bites during the scope of his
employment while working as a Forest Ranger in August 2016.
2.
Employer/Carrier does not dispute that claimant suffered tick
bites while working as a forester, but disputes that the
causal relationship of claimant's current symptoms and
need for treatment is related to the tick bites.
3.
Considering the facts stated above, the arguments of counsel,
the Commission file and the applicable law, this
Administrative Judge finds that it would be to the best
interest of all parties if claimant underwent an Independent
Medical Examination with Dr. Karen J. Ortenberg, Physical
Medicine and Rehabilitation, 4141 Veterans Memorial
Boulevard, Suite 204, Metarie, Louisiana, 70002, telephone
number (504) 454-9488. The parties shall also immediately
notify the Commission of the date and time of said
examination.
4. The
examination shall be performed at the expense of
employer/carrier, and employer/carrier shall prepay all
reasonable and necessary travel expenses of claimant to
attend the examination.
5. Dr.
Ortenberg shall consider this Order sufficient authorization
to request and review whatever medical records she deems...