Black v. Centurylink

195 So. 3d 28, 2016 WL 1449225, 2016 La. App. LEXIS 688
CourtLouisiana Court of Appeal
DecidedApril 13, 2016
DocketNo. 50,572-WCA
StatusPublished
Cited by2 cases

This text of 195 So. 3d 28 (Black v. Centurylink) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. Centurylink, 195 So. 3d 28, 2016 WL 1449225, 2016 La. App. LEXIS 688 (La. Ct. App. 2016).

Opinion

PITMAN, J.

11 Claimant-Appellant Veronica Black appeals the judgment of the Workers’ Compensation Judge (“WCJ”) in favor of Defendants-Appellees CenturyLink and Sedgwick Claims Management Service (“Sedgwick”). For the following reasons, we reverse the judgment of the WCJ.

FACTS

Ms. Black allegedly sustained an injury arising out of and in the course of her employment with CenturyLink. She sought medical treatment with Dr. Michael Acurio, an orthopedic surgeon, and Dr. Matthew Mosura, a pain management specialist, for upper extremity neuropathic pain located in her hands. Dr. Acurio determined that Ms. Black’s pain was caused by chronic regional pain syndrome (“CRPS”) and carpal tunnel syndrome (“CTS”). Dr. Mosura determined that her pain was caused by reflex sympathetic dystrophy syndrome (“RSD”), also known as CRPS and CTS, and prescribed a compounded topical cream,1 which provided Ms. Black with some relief.

On January 15, 2015, Dr. Mosura filed a request of authorization/carrier or self-insured employer response (Form 1010) with CenturyLink’s insurer/administrator, Sedgwick, to obtain approval of the topical cream to treat Ms. Black’s neuropathic hand pain, listing her diagnoses as RSD and CTS. Sedgwick denied the request and stated that the service requested did not “meet established treatment standards of medical necessity.”

|2In response to Sedgwick’s denial, Ms. Black filed a disputed claim for medical treatment (Form 1009) with the Medical Director for the Office of Workers’ Compensation Administration. She enclosed with this claim the Form 1010, Dr. Mosu-ra’s deposition, her medical records and her affidavit.

On February 11, 2015, the Medical Director denied the request for the topical cream, stating:

• The Louisiana Medical Treatment Guidelines, Chronic Pain Disorder, [30]*30Chronic Reflex Pain Syndrome and Carpal Tunnel Syndrome subchapters do not address compound topical cream.
• The Louisiana Medical Treatment Guidelines, Chronic Pain Disorder sub-chapter states “Topical medications may be an alternative treatment for localized musculoskeletal disorders and is an acceptable form of treatment in selected patients although there is no scientific evidence to support its use in chronic pain.”
• The Louisiana Medical Treatment Guidelines, CRPS subchapter states “Topical medications, such as ketamine and capsacin, may be an alternative treatment for neuropathic disorders and is an acceptable form of treatment in selected patients although there is no literature addressing its use in patients with CRPS.”

(Emphasis in original.)

On February 26, 2015, Ms. Black filed a disputed claim for compensation (Form 1008) against CenturyLink and Sedgwick.

On March 23, 2015, CenturyLink and Sedgwick filed an answer, denying that Ms. Black has a disability or that she is entitled to any treatment arising from the alleged work injury, denying that the determination of the Medical Director was not in accordance with La. |sR.S. 23:1203.1 and denying that they owe penalties, interest or attorney fees.

A hearing on Ms. Black’s appeal of the decision of the Medical Director was held on March 26, 2015. Counsel for Ms. Black argued that the Medical Director incorrectly interpreted the Medical Treatment Guidelines (“MTG”) and that the topical cream should be available to her because it provided her with some relief. Counsel contended that, if the MTG state that a person can have treatment, then the person should receive the treatment without an additional requirement of medical literature. Counsel for Defendants noted that Ms. Black’s burden of proof is to show by clear and convincing evidence that the Medical Director did not follow the MTG. Counsel differentiated between musculoskeletal complaints (for which the MTG state topical medications may be an alternative treatment) and neuropathic complaints and noted that CRPS is a neu-ropathic issue. Counsel for Ms. Black pointed out that the MTG regarding CRPS also state that topical medications may be- an alternative treatment for neu-ropathic disorders. The WCJ noted that the topical cream would be appropriate based on the diagnosis of CTS, but is not appropriate because of the diagnosis of RSD/CRPS. The parties also disagreed on whether 'Ms. Black has CRPS and whether this determination should be made at the time of the hearing by the WCJ.

On June 12, 2015, the WCJ filed an order stating that, after reviewing the MTG and the evidence submitted to the Medical Director (i.e., the sworn testimony of Dr. Mosura, the sworn affidavit of Ms. Black, Forms 1010 and |41009 and the certified medical records), he determined that Ms. Black had not proved by clear and convincing evidence that the decision of the Medical Director was not in accordance with the MTG. The WCJ noted that this was a final judgment as to the appeal of the decision of the Medical Director and any penalties, interest and attorney fees associated therewith. The WCJ dismissed with prejudice Ms-. Black’s disputed claim' for compensation as to those issues.

Ms. Black appeals.

ARGUMENTS

In her first assignment of error, Ms. Black argues that the WCJ erred in not [31]*31finding that the MTG “pre-authorized” the prescription of the topical cream. She contends that the topical cream should have been pre-authorized because it falls squarely under the plain language of two separate sections of' the MTG, he., those addressing chronic pain and CRPS.

Defendants argue that Ms. Black provides no evidence, law or support for her contention that the MTG pre-authorized the use of the topical cream. They contend that, while the MTG state that, under certain circumstances, some topical products can be used for upper extremity ailments, these portions of the MTG refer to musculoskeletal disorders, not to neuro-pathic disorders that ail Ms. Black. They also discuss the MTG regarding CRPS and note that there is no literature addressing the use of topical medications in patients with CRPS, that there is no evidence that topical agents are more effective than oral agents and that the maximum duration of use of a topical cream is two weeks per episode. Defendants Estate that the MTG regarding CTS make no mention of the use of topical medications. They also question the inclusion of Lamotrigine, an antiepilepsy drug, in the requested topical cream.

Factual findings in workers’ compensation eases are subject to the manifest error or clearly wrong standard of appellate review. Gilliam v. Brooks Heating & Air Conditioning, 49,161 (La.App.2d Cir.7/16/14), 146 So.3d 734. See also Daniels v. State, Dep’t of Transp. & Dev., 48,578 (La.App.2d Cir.6/25/14), 144 So.3d 1123, quoting Vital v. Landmark of Lake Charles, 13-842 (La.App. 3d Cir.2/12/14), 153 So.3d 1017.

An employer’s obligation to furnish medical treatment to its injured employee is governed by La. R.S. 23:1201, et seq. In Church Mut. Ins. Co. v. Dardar, 13-2351 (La.5/7/14), 145 So.3d 271, the Louisiana Supreme Court discussed the creation of the MTG and stated: - 1

Enacted by the legislature in 2009, La. R.S. 23:1203.1 is the product of a combined endeavor by employers, insurers, labor, and medical providers to establish meaningful guidelines for the treatment of injured workers.

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Cite This Page — Counsel Stack

Bluebook (online)
195 So. 3d 28, 2016 WL 1449225, 2016 La. App. LEXIS 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-centurylink-lactapp-2016.