Augmentation, Inc. v. Harris

225 So. 3d 103, 2016 Ala. Civ. App. LEXIS 247, 2016 WL 5338678
CourtCourt of Civil Appeals of Alabama
DecidedSeptember 23, 2016
Docket2150307
StatusPublished

This text of 225 So. 3d 103 (Augmentation, Inc. v. Harris) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Augmentation, Inc. v. Harris, 225 So. 3d 103, 2016 Ala. Civ. App. LEXIS 247, 2016 WL 5338678 (Ala. Ct. App. 2016).

Opinion

THOMAS, Judge.

Debra Harris injured her neck, left shoulder, and back on April- 3, 2011, while she was performing the duties of her . employment with Augmentation, Inc. Harris [105]*105sued Augmentation in the Tuscaloosa Circuit Court in April 2013, seeking, workers’ compensation benefits. Augmentation sought an independent medical examination, but the trial court denied Augmentation’s motion. On April 3, 2014, the trial court entered a judgment incorporating the parties’ settlement of the workers’ compensation claim (“the April 2Ó14 judgment”). The judgment stated that “future medical benefits shall remain open.”

On March 6, 2015, Harris filed a motion to hold Augmentation in contempt for its failure to authorize, approve, and pay for medical treatment prescribed by Dr. James P. Bailey, Harris’s authorized treating physician. Specifically, Harris complained that Augmentation had failed to approve an epidural steroid injunction and medications prescribed to treat her lumbar back injury. In addition, Harris alleged that Augmentation and its workers’ compensation carrier had failed to reimburse her for mileage costs for her travel to and from appointments with Dr. Bailey on April 16, 2014, and July 31, 2014, as required by Ala. Code 1975, § 25-5-77(f). Harris sought a finding of contempt, appropriate sanctions, and attorney fees.

Augmentation filed a response to Harris’s contempt motion on July 13, 2015.1 At the conclusion of that response. Augmentation requested leave to take the depositions of Dr. Gordon Hardy and Dr. J. Todd Smith, two physicians employed by Augmentation to review Harris’s medical records to determine whether Dr. Bailey’s continued treatment of Harris was related to .her April 2Q11 accident. Harris replied to Augmentation’s response on July 17, 2015, and Augmentation filed a “second response” on July 20, 2016. The trial court set the matter for hearing on August 18, 2015. Augmentation filed a motion seeking clarification of the trial court’s orders setting the August 18, 2015, hearing, stating:

“Defense counsel is not sure specifically which issues will be heard at the August 18, -2015, hearing. Defense counsel is also unclear whether the Defendant’s request for leave to take the depositions of Dr. Smith and Dr. Hardy will be decided at that hearing, or whether that request was denied by virtue of the denial of the Defendant’s Motion to Continue. Furthermore, Defense counsel is unclear whether it should have its witnesses in attendance and prepared to testify at the August 18 hearing.”

The trial court apparently held a hearing on or about August 18, 2015,2 and then reset the case for November 17, 2015, and, finally, for November 24, 2015. The record on appeal contains the transcripts of only the November hearings.

After the November 2015- hearings, at which the trial court took evidence, both parties presented written briefs outlining their respective positions, and the trial court entered a judgment on December 4, 2015. In its. judgment, the trial court determined that Augmentation was .in contempt of the April 2014 judgment, concluding as follows:

“The undisputed evidence established-that the authorized treating physician, Dr. Bailey, had prescribed certain medical treatment for [Harris], Despite knowing of the prescribed medical treatment and having no evidence that the [106]*106ordered medical treatment was not reasonable and necessary, [Augmentation] willfully and contumaciously refused to provide the medical treatment ordered by Dr. Bailey for a period of more than one year. Dr. Bailey testified that he has ordered the same medical treatment to treat [Harris’s] April 3, 2011 injuries for over four years. The evidence showed [Augmentation] failed to respond to communications on behalf of [Harris] before the filing of [Harris’s] Motion to find [Augmentation] in Contempt.
“The Court hereby finds [Augmentation] in contempt for its willful, continuing failure or refusal to comply with this Court’s Settlement Order dated April 3, 2014, wherein the Court ordered that future medical benefits shall remain open. The Court further finds that [Augmentation] failed to present good and valid reasons for its refusal to authorize medical treatment ordered by Dr. Bailey or to question its liability for the medical treatment ordered by Dr. Bailey. The evidence established [that Augmentation] failed to follow the utilization review process or petition the Court for judicial review before denying authorization of the medical treatment ordered by Dr. Bailey. The Court concludes the written opinions from Dr. Hardy and Dr. Smith do not constitute good and valid reasons for [Augmentation] to willfully and contumaciously refuse to provide medical treatment since [Augmentation] requested those written opinions months after [Harris] filed her Motion to find [Augmentation] in Contempt.”

The judgment ordered Augmentation to immediately provide and pay for the medical treatment ordered by Dr. Bailey. The judgment awarded Harris a total of $10,975, which included $300 in reimbursement for medical expenses, $10,425 in attorney fees, and $250 in deposition costs. Augmentation timely appealed from the judgment.

“Our standard of review in workers’ compensation cases was prescribed by the Legislature in Ala. Code 1975, § 25-5-81(e)(2). We recently set forth that standard, as well as the other applicable presumptions:
‘“When this court reviews a trial court’s factual findings in a workers’ compensation case, those findings will not be reversed if they are supported by substantial evidence. § 25-5-81(e)(2), Ala. Code 1975. Substantial evidence is “evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). Further, this court reviews the facts “in the light most favorable to the findings of the trial court.” Whitsett v. BAMSI, Inc., 652 So.2d 287, 290 (Ala.Civ.App.1994), overruled on other grounds, Ex parte Trinity Indus., Inc., 680 So.2d 262 (Ala.1996). This court has also concluded: “The [1992 Workers’ Compensation] Act did not alter the rule that this court does not weigh the evidence before the trial court.” Edwards v. Jesse Stutts, Inc., 655 So.2d 1012, 1014 (Ala.Civ.App.1995). However, our review as to purely legal issues is without a presumption of correctness. See Holy Family Catholic School v. Boley, 847 So.2d 371, 374 (Ala.Civ.App.2002) (citing § 25-5-81(e)(1), Ala. Code 1975).’
“Reeves Rubber, Inc. v. Wallace, 912 So.2d 274, 279 (Ala.Civ.App.2005). Additionally, we review a finding of civil contempt under an abuse-of-discretion standard. Gilbert v. Nicholson, 845 So.2d 785, 791 (Ala.2002).”

[107]*107Overnite Transp. Co. v. McDuffie, 933 So.2d 1092, 1095-96 (Ala.Civ.App.2005).

The testimony at the evidentiary hearing held on November 17, 2015, consisted of the testimony of Harris and of William J. Donald, who testified regarding attorney fees incurred by Harris.3 The September 2013 and September 2015 depositions of Dr. Bailey were admitted into evidence. At the November 24, 2015, evidentiary hearing, Augmentation presented no witnesses and merely presented documentary evidence in support of its position, including the “Independent Medical Record Review” performed by Dr.

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225 So. 3d 103, 2016 Ala. Civ. App. LEXIS 247, 2016 WL 5338678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/augmentation-inc-v-harris-alacivapp-2016.