Saad's Healthcare Services, Inc. v. Meinhardt

19 So. 3d 862, 2009 WL 886507
CourtSupreme Court of Alabama
DecidedApril 3, 2009
Docket1070080
StatusPublished
Cited by2 cases

This text of 19 So. 3d 862 (Saad's Healthcare Services, Inc. v. Meinhardt) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saad's Healthcare Services, Inc. v. Meinhardt, 19 So. 3d 862, 2009 WL 886507 (Ala. 2009).

Opinions

COBB, Chief Justice.

On January 9, 2008, this Court granted the petition for a writ of certiorari filed by Saad’s Healthcare Services, Inc., to review the Court of Civil Appeals’ opinion, Saad’s Healthcare Services, Inc. v. Meinhardt, 19 So.3d 847 (Ala.Civ.App.2007) (“Meinhardt II”). We affirm.

This case presents significant questions of first impression regarding the proper construction of the definition of “permanent total disability” contained in the Alabama Workers’ Compensation Act, § 25-5-1 et seq., Ala.Code 1975. The statutory definition of “permanent total disability” contains the following exclusion (“the exclusion”):

“Any employee whose disability results from an injury or impairment and who shall have refused to undergo physical or vocational rehabilitation ... shall not be deemed permanently and totally disabled.”

§ 25-5-57(a)(4)d., Ala.Code 1975.1

First, this case presents as an issue of first impression whether, and under what circumstances, the term “physical or vocational rehabilitation” in the exclusion encompasses psychological and psychiatric treatment. Second, this case also presents as an issue of first impression whether the exclusion applies only when the employee refuses physical or vocational treatment after reaching maximum medical improvement (“MMI”). The fact that this Court previously quashed a petition for a writ of certiorari in this case on the second issue of first impression presents the additional procedural question whether the Court may review the second issue at the current stage of the proceedings. We ultimately [865]*865decide that that issue is not properly before us.

Facts and Procedural History

Cynthia Meinhardt, a licensed practical nurse, brought a worker’s compensation action against Saad’s Healthcare, her employer, seeking benefits for both physical and psychological injuries she sustained on March 7, 2002, as a result of being stabbed 47 times by a patient’s relative while Mein-hardt was engaged in her employment with Saad’s Healthcare. Among Mein-hardt’s physical injuries were cuts to her jugular vein and a collapsed right lung. In addition to the physical injuries from the knife wounds, following the attack Mein-hardt suffered from depression and post-traumatic stress disorder (“PTSD”).

Meinhardt underwent two months of physical therapy to improve the use of her hands, her right shoulder, and her right arm. Insofar as her physical injuries were concerned, Meinhardt was ultimately released to work at full duty with no work restrictions, no permanent impairment, and no disability. The parties have stipulated that Meinhardt reached MMI with regard to the injury to her right shoulder on June 25, 2002, and as to the remainder of her physical injuries on September 13, 2002. However, Meinhardt continued to suffer from PTSD and depression even after she was cleared to return to work •with regard to her physical injuries. As a result of her psychological state, Mein-hardt was unable to perform her work as she had before she was attacked.

On July 30, 2004, the trial court held a hearing on Meinhardt’s worker’s compensation claims at which it heard ore tenus evidence. After the hearing, the trial court found that Meinhardt was permanently and totally disabled because of her psychological injuries and that she had reached MMI with regard to those injuries on May 1, 2004. However, the trial court also found that, before the date on which she had reached MMI as to the psychological injuries, Meinhardt had unreasonably refused to accept medical treatment in the form of psychological and psychiatric care. Based upon its interpretation of § 25-5-57(a)(4)d., Ala.Code 1975, a part of the Workers’ Compensation Act, the trial court held that the exclusion in § 25-5-57(a)(4)d. precluded Meinhardt from being classified as permanently and totally disabled. The trial court concluded that Me-inhardt had sustained a 90% physical impairment of her body as a whole and that, as a result of her injuries, she had a 90% vocational disability, and the trial court awarded benefits accordingly. Meinhardt appealed, and Saad’s Healthcare cross-appealed.

In Meinhardt v. Saad’s Healthcare Services, Inc., 952 So.2d 368 (Ala.Civ.App.2006) (“Meinhardt I”), the Court of Civil Appeals reversed the trial court’s judgment, which was based on the holding that, under the exclusion found in § 25-5-57(a)(4)d., Ala.Code 1975, Meinhardt’s refusal to accept treatment before reaching MMI warranted a finding that she was entitled to less than full payment of permanent total-disability benefits. The Court of Civil Appeals held that the exclusion in § 25-5-57(a)(4)d. did not apply to Meinhardt’s refusal of treatment because, the Court of Civil Appeals stated, § 25-5-57(a)(4)d. applies only to “ ‘employees who, after having reached MMI, ... are incapable of engaging in gainful employment before undergoing any physical or vocational rehabilitation but who would have some degree of capacity to engage in gainful employment if they were to undergo physical or vocational rehabilitation.’ ” 952 So.2d at 375 (quoting Clear Creek Transp., Inc. v. Peebles, 911 So.2d 1059, 1064 (Ala.Civ.App.2004)).

[866]*866Saad’s Healthcare sought certiorari review of the Court of Civil Appeals’ opinion in Meinhardt I. On May 9, 2006, this Court granted Saad’s Healthcare’s petition to review the following question: whether the Court of Civil Appeals correctly construed the penalty provision in § 25-5-57(a)(4)d. to apply only to an employee who refuses rehabilitation after, and not before, reaching MMI. On September 15, 2006, upon examination of the petition and the parties’ submissions, this Court quashed the writ without an opinion.

While the case was pending on appeal, Meinhardt again refused psychological and psychiatric treatment. When the case returned to the trial court on remand, Saad’s Healthcare took the position that Mein-hardt was ineligible to be considered permanently and totally disabled because she refused psychological and psychiatric treatment after reaching MMI.

The Court of Civil Appeals, in Mein-hardt II, described the subsequent proceedings before the trial court as follows:

“After [the Court of Civil Appeals] released its opinion in Meinhardt I, the trial court set the case for review. Before the trial court reviewed the case on remand, Saad’s Healthcare filed a motion on October 10, 2006, to set an evi-dentiary hearing or, in the alternative, for a ruling that Meinhardt was non-compliant with physical or vocational rehabilitation due to her alleged refusal of psychological and psychiatric treatment since March 24, 2005. On October 23, 2006, the trial court conducted a hearing to review the case on remand, and on October 31, 2006, it entered an amended order stating, in pertinent part, as follows:
“ ‘[T]he Court hereby VACATES and AMENDS its “Findings of Fact, Conclusions of Law, and Final-Judgment” entered on August [23], 2004, as follows:
“ ‘a. The Court finds that although Cynthia Meinhardt was non-compliant with her prescribed psychological and/or psychiatric treatment between March 2003 and May 1, 2004, Cynthia Meinhardt was compliant with her prescribed treatment thereafter.
“ ‘b.

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19 So. 3d 862, 2009 WL 886507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saads-healthcare-services-inc-v-meinhardt-ala-2009.