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Handy v. Pannill Knitting

Court of Appeals of Virginia
Jun 29, 1993
Record No. 2376-92-2 (Va. Ct. App. Jun. 29, 1993)

Opinion

Record No. 2376-92-2

June 29, 1993

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.

(Gary W. Kendall; Michie, Hamlett, Lowry, Rasmussen Tweel, on brief), for appellant.

(James A. L. Daniel; Martha White Medley; Daniel, Vaughan, Medley Smitherman, on brief), for appellees.

Present: Judges Barrow, Koontz and Bray.


MEMORANDUM OPINION

Pursuant to Code § 17-116.010 this opinion is not designated for publication.


Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.

Barbara A. Handy contends that the commission erred in finding that Dr. David Siegel should not be considered a treating physician and that the employer is not responsible for ongoing treatment by Dr. Siegel.

On appellate review, we must construe the evidence in the light most favorable to the party prevailing before the commission.R.G. Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). Factual findings of the commission will be upheld on appeal if supported by credible evidence.James v. Capitol Steel Constr. Co., 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989).

Handy contracted right carpal tunnel syndrome while employed by Pannill Knitting Company as a sewing machine operator. The employer accepted her claim as compensable and she came under the care of Dr. K. Thomas Wagner, Jr., an orthopedist. On March 26, 1992, Dr. Wagner noted that the pain in both of Handy's hands was becoming much worse and that she might not be able to return to her sewing job. He instructed her to continue light duty. Additionally, Handy inquired about obtaining a second opinion. Dr. Wagner told her that she had a right to do so, and he agreed that he would arrange it. Dr. Wagner noted that Handy was to come back to see him in one week. The record reveals that Handy never returned to Dr. Wagner.

Dr. Wagner referred Handy to Dr. Siegel for a second opinion. As a result of three visits to Dr. Siegel, he opined that Handy had bilateral carpal tunnel syndrome and that he did not feel further surgery or treatment would be of significant help. He recommended permanent restrictions of light duty with no more than fifteen pounds of lifting and no chronic or repetitive activity. He stated that no further intervention was warranted.

In order to hold an employer liable for medical expenses it must be shown that the medical service was causally related to the industrial injury; that it was necessary; and that the treating physician made a referral to the patient.Shenandoah Products, Inc. v. Whitlock, 15 Va. App. ___, ___, 421 S.E.2d 483, 485 (1992) (citation omitted). Without a referral from an authorized treating physician, the treatment by an unauthorized physician is the responsibility of the employer if it is due to an emergency or "for other good reason." Id. at ___, 421 S.E.2d at 485 (citation omitted).

There is nothing in the record to demonstrate that Handy was referred to Dr. Siegel by Dr. Wagner for continuing treatment. The only referral was for a second opinion. In fact, according to Dr. Wagner's March 26, 1992 office notes in which he agreed to refer Handy for a second opinion, he noted that she was to return to him in one week. Accordingly, the commission did not err in finding that Dr. Siegel was not an authorized treating physician.

Moreover, nothing in the record shows that Handy was required to seek treatment with Dr. Siegel due to an emergency or that Dr. Wagner's treatment was inadequate. In fact, the limited treatment and suggestions by Dr. Siegel were in agreement with the treatment rendered by Dr. Wagner. Accordingly, we cannot say that the commission erred in holding that Handy failed to prove good cause for seeking treatment from an unauthorized physician. The commission did not err in holding that the employer is not responsible for continuing treatment by Dr. Siegel without an express referral by Dr. Wagner.

For the reasons stated, we affirm the commission's decision.

Affirmed.


Summaries of

Handy v. Pannill Knitting

Court of Appeals of Virginia
Jun 29, 1993
Record No. 2376-92-2 (Va. Ct. App. Jun. 29, 1993)
Case details for

Handy v. Pannill Knitting

Case Details

Full title:BARBARA A. HANDY v. PANNILL KNITTING COMPANY AND TRAVELERS INDEMNITY…

Court:Court of Appeals of Virginia

Date published: Jun 29, 1993

Citations

Record No. 2376-92-2 (Va. Ct. App. Jun. 29, 1993)