Monroe v. Broadwater Beach Hotel

593 So. 2d 26, 1992 WL 5918
CourtMississippi Supreme Court
DecidedJanuary 15, 1992
Docket89-CC-691
StatusPublished
Cited by5 cases

This text of 593 So. 2d 26 (Monroe v. Broadwater Beach Hotel) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monroe v. Broadwater Beach Hotel, 593 So. 2d 26, 1992 WL 5918 (Mich. 1992).

Opinion

593 So.2d 26 (1992)

Judy MONROE
v.
BROADWATER BEACH HOTEL and Granite State Insurance Company.

No. 89-CC-691.

Supreme Court of Mississippi.

Decided January 15, 1992.

*27 Wendy L. Allard, James K. Wetzel, Gulfport, for appellant.

William D. Blakeslee, Bryant Colingo Williams & Clark, Gulfport, for appellee.

Before DAN M. LEE, P.J., and SULLIVAN and PITTMAN, JJ.

PITTMAN, Justice, for the Court:

Judy Monroe suffered an injury while in the course of her employment. She filed a report with the Workers' Compensation Commission. Subsequently the employer, Broadwater Beach Hotel, and the carrier, Granite State Insurance, filed a petition to controvert. Judy Monroe also filed a petition to controvert and a motion for hearing pursuant to General Rule 9, alleging that she was in need of medical treatment which the employer and carrier would not provide. An administrative law judge heard the claim and not only denied the request for medical relief, but also made findings as to Monroe's status as far as disability and her compensation for that disability. Judy Monroe appealed the ruling to the full Commission, which affirmed. She then appealed this finding to the Harrison County Circuit Court, which affirmed. We reverse, finding that (1) the circuit court erred as a matter of law in affirming the order of the Mississippi Workers' Compensation Commission and (2) the administrative law judge, (as affirmed by the Mississippi Workers' Compensation Commission and the circuit court,) acted arbitrarily and capriciously in going beyond the scope of Monroe's motion for medical treatment and deciding the workers' compensation case as a whole without the benefit of a full hearing.

I.

In October 1981, Judy Monroe suffered a serious knee injury. She was diagnosed as having damage to the anterior cruciate ligament, damage to the medial collateral ligament, and a torn medial meniscus. This combination of injuries is known as a triad injury. The meniscus was removed. Monroe continued to have problems with pain, swelling and buckling in her right knee in 1982.

On July 25, 1984, Monroe, thirty-three years of age, was working as a pool attendant for the Broadwater Beach Hotel and Marina. As pool attendant, she was charged with keeping the pool clean, including vacuuming the pool, adding chemicals to the water, and backwashing the pool pumps. It had rained on the 24th, and one of the motors which ran the pool pumps had flooded. The next day when trying to get help to fix the motor, Monroe's right foot slipped, and bent under her as she fell on the foot. She filled out an accident report but continued to work for a couple of days until the swelling got too bad. She consulted Dr. Hal Bishop, an orthopedic surgeon in Biloxi, Mississippi.

Dr. Bishop first saw Monroe on August 16, 1984. Monroe complained of pain, swelling, and an inability to straighten her leg. Dr. Bishop treated her conservatively, putting her right leg in a splint and using anti-inflammatory agents and heat. On October 11, 1984, she was admitted to the hospital complaining of pain and swelling. *28 Her kneecap was loose and surgery was performed to stabilize it and alleviate the pain. She was seen by Dr. Bishop on October 24 and 26 and November 8 for regular post-operative care. Bishop saw Monroe on November 29 and noted that her range of motion was less than it should have been at that stage in her recovery. On December 3, 1984, Bishop performed a manipulation on the leg, forcefully moving it through a full range of motion in order to break any adhesions and the scarring that might have formed in the joint. During this exam Monroe complained of pain in her neck and lower back. Bishop did x-rays and found some narrowing at the L-5, S-1 space. He recommended a lumbosacral corset for Monroe.

On December 19, 1984, Monroe was involved in an automobile collision in which she bumped her right knee and suffered injuries to the cervical area of her spine. On the day following the collision, December 20, 1984, Dr. Bishop noted that Monroe was complaining of neck pain and noted a contusion on the top of her knee and noted that the range of motion in her knee was full. He noted no complaints of lumbar or low back pain as a result of the collision on this visit.

Following the collision, Monroe continued under Dr. Bishop's care. When her knee failed to improve, Dr. Bishop recommended that a patellectomy, or a removal of the knee cap, be performed. That operation was performed on February 28, 1985. Subsequently, another manipulation was performed on her right knee on or about April 30, 1985. While she remained under Dr. Bishop's care, Monroe was referred by Dr. Bishop to Dr. Richard E. Buckley, a neurosurgeon practicing in Biloxi, Mississippi, for complaints of low back and right leg pain, as well as complaints of chronic neck pain with recurring headaches. Monroe also continued under Dr. Bishop's care. On July 15, 1985, he performed surgery to remove a scar on the lateral patella tendon.

Again, in October 1985, Dr. Bishop performed surgery to remove a spur which was present on her right knee and a further excision of the scar on the patella tendon. Monroe remained under Dr. Bishop's care until February 24, 1986. Dr. Bishop related that Monroe was complaining of pain in the medial aspect or middle of her knee. However, at that time, Dr. Bishop released her as having reached maximum medical recovery. He testified that, in his opinion, Monroe sustained a total disability of fifty-five percent (55%) to her right lower extremity of which twenty-five percent (25%) was due to a pre-existing injury to her right knee. Dr. Bishop has not seen or treated Monroe since February 24, 1986.

Following her release by Dr. Bishop, Monroe continued to have trouble with her knee and reported this to a representative of the carrier. Broadwater Beach Hotel and Granite State Insurance Co. referred Monroe to Dr. Ray Haddad, an orthopedic surgeon practicing in New Orleans, Louisiana.

Monroe was first seen by Dr. Ray Haddad on or about April 9, 1986. Monroe provided Dr. Haddad with the history of her knee treatment and surgeries under Dr. Bishop and described her fall in July 1984, but she failed to tell Dr. Haddad about the automobile accident of December of 1984. Dr. Haddad recommended that Monroe undergo physical therapy and be fitted with a brace for her knee. However, when this failed, Monroe was admitted to the hospital and an operation performed on her right knee on June 15, 1986. On July 21, 1986, Dr. Haddad noted that Monroe had complaints of lower back pain. She continued under Dr. Haddad's care. Her back pain continued to worsen, and Dr. Haddad recommended that she be placed in a lumbosacral corset. When she failed to improve, a CT scan with a myelogram revealed a bulging disc at the L5-S1 level of her lumbar spine.

In his first deposition taken on January 12, 1987, Dr. Haddad testified that Monroe had not yet reached maximum medical improvement for the injury to her right knee, nor for the condition of her lumbar spine. Dr. Haddad testified that it was his opinion, based on the history he received and his examination and treatment of the *29 Claimant, that the knee condition he treated her for was contributed to or aggravated by Monroe's fall in the course and scope of her employment on July 25, 1984. Dr. Haddad also testified that the medical treatment prescribed for her right knee, including walking on crutches, therapy, as well as wearing a heavy cast, aggravated her back problem. Dr.

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