Insurance Management Corp. of Tidewater/Baldwin Bros. & Taylor v. Daniels

281 S.E.2d 847, 222 Va. 434, 1981 Va. LEXIS 326
CourtSupreme Court of Virginia
DecidedSeptember 11, 1981
DocketRecord No. 801000
StatusPublished
Cited by16 cases

This text of 281 S.E.2d 847 (Insurance Management Corp. of Tidewater/Baldwin Bros. & Taylor v. Daniels) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Insurance Management Corp. of Tidewater/Baldwin Bros. & Taylor v. Daniels, 281 S.E.2d 847, 222 Va. 434, 1981 Va. LEXIS 326 (Va. 1981).

Opinion

HARRISON, J.,

delivered the opinion of the Court.

[436]*436In this case we determine whether the Industrial Commission of Virginia erred in finding that certain medical treatments accorded to and surgery performed on Edna Pugh Daniels, claimant, constituted necessary medical attention under Code § 65.1-88.

On January 27, 1976, Daniels, in the course of her employment, sprained her back while bending over to pick up forms from the bottom drawer of a filing cabinet. Compensation was awarded on February 8, 1976, and terminated upon her return to work on March 1, 1976. Subsequently Daniels was hospitalized from August 29, 1979, to November 9, 1979. During this period a plastic surgeon removed fatty tissue from the upper part of her body. The cost of the hospitalization and surgery totaled $19,305.13. Employer and its carrier refused to pay this amount, claiming the surgery did not constitute necessary medical attention and that they had not received proper notice of the proposed treatment; The Commission, with one dissent, affirmed the Hearing Commissioner’s opinion that carrier had received notice of the pending treatment and that carrier was responsible for the cost of the treatment. We then granted this appeal.

It would needlessly encumber this opinion to review in detail claimant’s numerous visits to doctors and hospitals, her treatments, and the medication prescribed for her. However, certain details of her medical history are pertinent to our opinion.

In 1974, Daniels, who was then 58 years old, had a weight problem that had plagued her through the years. Dr. Gervas S. Taylor, Jr., an orthopedic surgeon, in a letter written in August 1974 to Dr. Donald Faulkner said that “a description of [Mrs. Daniels] probably would be embarrassing [because of her obesity].” The letter went on to describe the number of medical problems suffered by the claimant with Dr. Taylor adding, “I suppose this list could go on a bit further.”

Dr. Faulkner had treated Daniels over the years for various illnesses. His notes reflecting her medical history were introduced in evidence. They show approximately thirty-five office visits between February 1974 and March 1980. The record shows that on February 22, 1974, Daniels weighed 231 Vi pounds. By December 3, 1974, her weight had increased to 247V2 pounds. In August 1975, it was reported to be 253Í/2 pounds, with Dr. Faulkner noting “[s]he eats too many starches.” As the result of her job-related back injury in 1976, claimant was hospitalized for a week in February 1976. One year later, Dr. Faulkner stated in his notes: “She [437]*437[claimant] is still markedly obese.” Her weight had dropped to 240% pounds by December 1977, and Dr. Faulkner recommended she “continue to lose weight.”

Claimant thereafter failed to continue her weight loss. In June 1978 she weighed 244Vi pounds, and by October of that year she weighed 258 pounds. Her weight increased to 265% pounds by March 1979. It was noted that on August 27, 1979, just prior to her hospitalization for the challenged treatment, Daniels weighed 276 pounds.

As early as October 1975, Dr. Faulkner found claimant’s medical complaints to be related to her weight. He said: “No doubt her [arthritis] attack is prolonged due to the strain on these joints all of the time from her being so markedly overweight.” The doctor’s notes reflect his concern with Daniels’ obesity and her unwillingness to diet and lose weight. He observed: “We have always had a problem of getting her to stay on a diet.” Daniels had lost “between 30 and 40 pounds in late 1970 and 71” by dieting in the hospital and at home, but her failure to follow Dr. Faulkner’s prescribed diets prevented any permanent weight loss.

Dr. Taylor also was concerned about claimant’s failure to loose weight and the effect it had on her medical problems. He testified: “Every [jz'c] since I had met Mrs. Daniels I had mentioned to her that one of the easiest and simplest ways for her to lose weight was to have it cut off.” In August 1979, Dr. Faulkner noted that “Dr. Taylor has suggested that a lot of [Daniels’] obese tissue be removed by a plastic surgeon or by dieting and being placed in a body cast.”

Daniels was hospitalized on August 29, 1979. She was placed on a 600-calorie diet with physiotherapy and lost approximately twenty pounds prior to October 17, 1979.

On October 17, claimant underwent surgery for “morbid obesity.” Dr. G. Patrick Maxwell, a plastic surgeon, removed eight to ten pounds of fatty tissue in her upper arms, breasts, and scapula regions on the left and right sides. Her hospitalization was prolonged due to problems following the surgery.

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INSURANCE MANAGEMENT, ETC. v. Daniels
281 S.E.2d 847 (Supreme Court of Virginia, 1981)

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281 S.E.2d 847, 222 Va. 434, 1981 Va. LEXIS 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/insurance-management-corp-of-tidewaterbaldwin-bros-taylor-v-daniels-va-1981.