Rhodes v. Dolet Hills Mining Co.

779 So. 2d 1101, 0 La.App. 3 Cir. 1194, 2001 La. App. LEXIS 371, 2001 WL 199517
CourtLouisiana Court of Appeal
DecidedFebruary 28, 2001
DocketNo. 00-1194
StatusPublished

This text of 779 So. 2d 1101 (Rhodes v. Dolet Hills Mining Co.) 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
Rhodes v. Dolet Hills Mining Co., 779 So. 2d 1101, 0 La.App. 3 Cir. 1194, 2001 La. App. LEXIS 371, 2001 WL 199517 (La. Ct. App. 2001).

Opinion

[1AMY, Judge.

The employer/health insurer filed a claim against the workers’ compensation insurer for reimbursement of costs of medical treatment paid on behalf of the injured employee. The workers’ compensation judge found medical treatment to be reasonable and necessary and ordered that the health insurer be reimbursed for cost actually incurred. The workers’ compensation insurer appealed. For the following reasons, we affirm.

Factual and Procedural Background

Robert Rhodes was injured in the course and scope of his employment with Dolet Hills Mining Venture (Dolet) on January 25, 1992. As a result of the injury, Mr. Rhodes underwent extensive medical intervention including; two back surgeries, several years of rehabilitation, and pain management treatment. During the course of Mr. Rhodes’ medical treatment, both the workers’ compensation insurer, Old Republic Insurance Company (Republic) and Dolet, as a self-insured health insurer, paid for portions of the treatment. This matter arises out of Dolet’s request for reimbursement of the expenses it paid for medical treatment it alleges arose out of the work-related injury.

Shortly after his accident in 1993, Mr. Rhodes underwent a lumbar discectomy surgery in an attempt to alleviate the resulting back pain. Following that surgery, Mr. Rhodes was able to return to work for Dolet. However, within two weeks of his return, Mr. Rhodes allegedly re-injured his back. Subsequently, on October 26, 1993, Mr. Rhodes underwent a second dis-cectomy and a fusion. During this surgery, the orthopedic surgeon, Dr. Albert Dean, placed rods and pedicle screws in Mr. Rhodes’ back to support the fusion.

|2On September 26, 1994, Dr. Dean released Mr. Rhodes to light-duty work find[1103]*1103ing that he had reached maximum medical improvement. Mr. Rhodes, however, testified that he believed his condition began to worsen after the second surgery. He alleged that his back pain had become unbearable, he had developed bowel and bladder problems, and was able to perform little to no physical activity. On November 2, 1994, Dr. Dean examined Mr. Rhodes again, and found no objective evidence to substantiate Mr. Rhodes’ continuous complaint of pain. After reviewing several x-rays taken of Mr. Rhodes, Dr. Dean opined that the rods and screws used to stabilize Mr. Rhodes’ back were in “good position” and that surgery to remove the hardware would not be an appropriate treatment.

Unwilling to accept Dr. Dean’s diagnosis, Mr. Rhodes proceeded to seek treatment from various doctors in and out of Louisiana in order to relieve his pain. In addition to repeated visits to his urologist, Dr. Milton Eichmann, and to the Natchi-toches Parish Emergency Room, Mr. Rhodes saw Drs. Carl Goodman and Robert Slaughter of the Spine Reconstruction Clinic in Birmingham, Alabama; Drs. Anil Nanda and Carl Goodman at the Louisiana State Medical Center in Shreveport, Louisiana; and Dr. Ross Nelson at the Willis Knighton Center for Pain Medicine. Ail of the physicians and specialists who observed Mr. Rhodes basically determined there was very little that could be done for his pain other than prescriptive medications and pain management therapy.

Still unsatisfied with the treatment recommended, Mr. Rhodes began searching for a physician who would remove the hardware that had been placed in his back. In January of 1998, Mr. Rhodes was examined by Dr. Bob Blacklock, the head of Neurosurgery for the Baylor College of Medicine in Houston, Texas. At first, RDr. Blacklock concluded that Mr. Rhodes was suffering from chronic prostatitis and referred him to a urologist, Dr. Goldfarb. After his examination of Mr. Rhodes, Dr. Goldfarb determined that he did not have prostatitis and sent him back to Dr. Black-lock. It was at this point that Dr. Black-lock agreed to perform surgery on Mr. Rhodes and remove the hardware from his back.

Following the back surgery, Mr. Rhodes explained that the pressure in his back, which had been causing his pain, had been removed. He testified that not only did the surgery performed by Dr. Blacklock substantially alleviate his back pain, but also, that after the surgery he had no further testicular pain, bladder problems, or bowel problems. Mr. Rhodes stated that since this surgery he has not sought any additional medical treatment.

On June 19, 1997, Mr. Rhodes filed a Workers’ Compensation 1008 Disputed Claim Form alleging that Dolet’s workers’ compensation insurer, Republic, had failed to pay certain medical expenses which arose out of his work-related accident. On August 14, 1997, Republic answered and entered a general denial to Mr. Rhodes’ claim stating that he was not “entitled to any additional workers’ compensation benefits or medical expense reimbursement beyond what has already been paid or is continuing to be paid at the present time.”

Mr. Rhodes alleged that when Dr. Dean had released him to work in 1994, after the second back surgery, Republic had essentially stopped paying for medical treatment although it continued to pay indemnity benefits. He alleged that he had attempted on several occasions to receive authorization from Republic to pursue other opinions regarding his condition, but that he never received an answer. It was at this point that Mr. Rhodes turned to Dolet for payment of his medical bills through its injhouse4 healthcare insurance. For the next several years, Dolet paid for the medical treatment Mr. Rhodes received from the various physicians and specialists, including his third surgery with Dr. Blacklock.

On September 10, 1998, Dolet filed a claim against Republic for the reimburse-[1104]*1104merit of $27,104.49, the amount allegedly-paid to date for the medical treatment of injuries allegedly related to his work-related accident. In its answer, Republic stated that the medical payments made by Dolet were “unrelated, unnecessary, and unreasonable medical treatment.” Moreover, Republic argued that it was not responsible for reimbursing Dolet since the medical treatment provided had never been authorized by it as required by the Workers’ Compensation Act.

The parties agreed to submit their claim to the workers’ compensation judge on the briefs and documentary evidence, since the only issues were whether the medical treatment paid for by Dolet was reasonable and necessary, and whether Dolet should be reimbursed for those payments by Republic. In oral reasons for judgment given on February 25, 2000, the workers’ compensation judge answered both issues in the affirmative and awarded Dolet $27,889.78, plus cost. Thereafter, Republic appealed.

Discussion of the Merits

Approval of Medical Treatment

Republic claims that it has paid for all treatment that was necessary and reasonable in regard to Mr. Rhodes’ back injury, in that it authorized and paid for the evaluations conducted by Drs. Dean, Goodman, and Nanda, all of which opined that Mr. Rhodes did not need further surgery. Republic alleges that there is no evidence that Mr. Rhodes, Dolet, or the health care providers made any attempt to get |fiauthorization for any of the medical treatment rendered and, thus, under La. R.S. 23:1142(B), Dolet is not entitled to any reimbursement in excess of the seven hundred fifty dollar limit imposed by the statute.

La.R.S. 23:1142(B)(1) states:

B. Nonemergency care.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Freeman v. Poulan/Weed Eater
630 So. 2d 733 (Supreme Court of Louisiana, 1994)
Curtis v. Wet Solutions, Inc.
722 So. 2d 421 (Louisiana Court of Appeal, 1998)
Bailey v. Smelser Oil & Gas, Inc.
620 So. 2d 277 (Supreme Court of Louisiana, 1993)
Scherer v. Interior Plant Design
724 So. 2d 797 (Louisiana Court of Appeal, 1998)
Jefferson v. Greer Timber Co.
618 So. 2d 21 (Louisiana Court of Appeal, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
779 So. 2d 1101, 0 La.App. 3 Cir. 1194, 2001 La. App. LEXIS 371, 2001 WL 199517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-dolet-hills-mining-co-lactapp-2001.