K-Mart Corporation v. Anderson., 166 Ga. App. 421, 304 S.E.2d 526 (1983)
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Summary
Judgment reversed in part; affirmed in part. Banke and Carley, JJ., concur.
Summary
Judgment reversed in part; affirmed in part. Banke and Carley, JJ., concur.
Text
Robert L. Kiser, for appellant.
Appellee was injured on May 15, 1979, while working for K-Mart, but she missed only two days of work (in July 1979). On February 7, 1980, she became unable to work because of injury. K-Mart, considering that a change of condition relative to the May 1979 injury had occurred, paid workers' compensation to appellee. Appellee maintained that she had suffered a new injury on February 2, 1980, while operating a fork lift, and that she had duly reported the injury to a supervisor. Appellee returned to work on May 29, 1980, and continued to work until around July 15, 1980, at which time she was hospitalized; her employment eventually was terminated by K-Mart because of her failure to call in for three consecutive days to explain her absence.
After her injury sustained on February 7, 1980, appellee sought treatment from all three physicians on the panel maintained by K-Mart. On July 15, 1980, without first requesting a change of physician with either K-Mart or the Board of Workers' Compensation, appellee sought treatment from her personal physician, Dr. Needham Bateman, who subsequently recommended the hospitalization. At the administrative hearing, appellee explained her reason for seeking this other medical treatment: "I went out on my own and I told him [the personnel manager] I did that because the company doctors and in previous talks with him, that he would not send me to a doctor to take care of me and I wasn't getting any results from those doctors who were tossing me back and forth, so I took it on my own to go to my own private physician." From this unauthorized medical treatment, appellee amassed medical bills totaling $1,933.
On March 6, 1981, the administrative law judge found that appellee had suffered a new injury on February 7, 1980, and that she had properly notified the employer of such. Further, in ruling that K-Mart was responsible for the appellee's medical expenses incurred on July 15, 1980, and thereafter, the administrative law judge stated that "employer will not be allowed to terminate claimant then contest claimant's right to weekly indemnity benefits and at the same time, contend the medical is unauthorized. Additionally, I conclude and find as fact, Dr. Needham B. Bateman is a suitable and qualified physician to be designated as claimant's treating physician." The Board adopted this award, and the superior court eventually affirmed it.
1. OCGA
In a workers' compensation case, the reviewing court must affirm the Board's finding where there is any evidence to support that finding. Mansfield Enterprises v. Warren,
Appellee's hospitalization on July 15, 1980 was not a medical emergency, and her expressed reason for seeking the services of her personal physician certainly could not be considered a "similarly justifiable reason" under the statute. Anderson v. General Motors Corp.,
Appellee's seeking other medical services in this case was precisely one type of action for which the statute absolves the employer of liability for cost of treatment. Appellee could and should have petitioned the Board for a change of physician. OCGA
2. Appellant next contends that the award, in directing it to pay income benefits commencing February 7, 1980, subjects it to double liability for the period from May 29, 1980, to July 15, 1980, during which time the appellee had returned to work. OCGA
3. There was sufficient evidence to support the Board's finding that the appellee suffered a new injury on February 7, 1980, and that she duly reported the injury to the employer. Appellant's enumeration regarding that matter is thus without merit.
Jack Dorsey, for appellee.
