Shelly v. P C Metro Bottling, 103119 MSWC, 1709131-P-9229

• Case Date: October 31, 2019
• Court: Mississippi

MICHAEL SHELLY CLAIMANT v. P C METRO BOTTLING EMPLOYER And INDEMNITY INSURANCE COMPANY OF NORTH AMERICA CARRIER MWCC No. 1709131-P-9229 Mississippi Workers Compensation Decisions Mississippi Workers' Compensation Commission October 31, 2019           APPEARING FOR CLAIMANT: Christopher H. Neyland, Esquire           APPEARING FOR EMPLOYER/CARRIER: Joe McDowell, Esquire           ORDER ON MOTION           DENEISE TURNER LOTT ADMINISTRATIVE JUDGE.          This matter comes before the Commission on a telephonic hearing with all counsel on October 28,2019, on Claimant's Motion to Compel Medical Treatment and Indemnity Benefits filed October 3,2019 and Response of Employer and Carrier to Motion to Compel filed October 28,2019.          I.          The following facts were gleaned from those documents in the Commission file which comprise the record per Mississippi Workers' Compensation Commission Rule 2.10, including the pleadings and attachments:

1. On September 27, 2017, Claimant injured his lower back and right lower extremity at work.

2. On December 18, 2017, Dr. Asa Bennet, orthopedic surgeon, performed right knee surgery on Claimant. Dr. Bennett referred Claimant to Dr. Jimmy Miller, neurosurgeon, for his back complaints. After examining Claimant and reviewing his lumbar MRI, Dr. Miller determined that Claimant did not need surgery and released him without restrictions.

3. Dr. Miller also referred Claimant to Dr. Ahmed -Abdel Aziz for pain management for his back complaints. Dr. Aziz opined the Claimant reached maximum medical improvement on June 10, 2019, with a 3% permanent medical impairment rating. Dr. Aziz also released Claimant to work full duty and referred him to Dr. Michael Winkelmann.

4. Dr. Winkelmann examined Claimant's low back and agreed that he had reached maximum medical improvement on June 10, 2019 and could work full duty.

5. In September 2019, Claimant scheduled a return appointment with Dr. Bennett but was seen by his partner, orthopedic surgeon Dr. Jay Culpepper. Dr. Culpepper took Claimant off work and referred him to Dr. James Woodall, orthopedic

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