Aaron v. VIRO GROUP, 3306.
| Decision Date | 26 February 2001 |
| Docket Number | No. 3306.,3306. |
| Citation | 344 S.C. 321,543 S.E.2d 574 |
| Court | South Carolina Court of Appeals |
| Parties | William L. AARON, Claimant, Appellant, v. VIRO GROUP, Employer, and ITT Hartford, Carrier, Respondent. |
Franklin D. Beattie, of Aiken, for appellant.
Scott B. Garrett, of McAngus, Goudelock & Courie, of Columbia, for respondents.
William L. Aaron ("Aaron") appeals an order of the Circuit Court, which affirmed the determination of the full Workers' Compensation Commission ("Commission") that Aaron's rights to compensation and to take or prosecute any proceedings against his employer Viro Group and its workers' compensation carrier, ITT Hartford (collectively "Employer"), under the Workers' Compensation Act were suspended because of his failure to submit to a medical examination, as required by S.C.Code Ann. § 42-15-80. We reverse and remand.
Aaron injured his back at work on May 8, 1995. The injury was admitted by Employer, who provided medical treatment to Aaron by Dr. Edward Golay. Dr. Golay, a family practice physician, was designated by Employer as Aaron's treating physician. Dr. Golay treated Aaron on numerous occasions from the time shortly after Aaron's accident until December 1996. During this treatment, Dr. Golay referred Aaron for magnetic resonance imaging ("MRI") testing. Dr. Ross D. Lynch, a specialist in orthopedics, ordered an MRI for Aaron. The test was performed May 15, 1996. Following the MRI, Dr. Lynch assigned Aaron a 5% impairment rating and dismissed Aaron from his care on June 4, 1996. Dr. Golay continued to treat Aaron.
Dr. Golay referred Aaron to Dr. Randall G. Drye, a neurosurgeon, in November 1996. As a result of this referral, Dr. Drye examined Aaron and recommended surgery. Surgery was performed on Aaron's back on December 27, 1996. Employer refused to pay for this procedure. Following treatment, Dr. Drye informed Aaron he could return to work, but Employer laid him off.
In January 1997, Aaron filed a Form 50 request for a hearing. Aaron withdrew this request before the hearing took place. Aaron filed another Form 50 on June 12, 1997. By letter dated September 15, 1997, Employer requested Aaron attend a medical examination on September 30, 1997, pursuant to § 42-15-80. By letter dated September 29, 1997, Aaron's attorney stated Aaron could not attend on September 30, 1997, but would be available on or after October 5, 1997. Employer rescheduled the exam for October 13, 1997; however, Aaron did not appear for this scheduled evaluation.
Based on Aaron's refusal to submit to a medical evaluation, Employer filed a motion to compel Aaron to submit to the examination and to postpone the scheduled hearing pursuant to § 42-15-80. Aaron filed an objection to this motion.
By order dated October 17, 1997, the single commissioner summarily denied Employer's motion without hearing or argument. Employer filed a Form 30 requesting review by the full Commission. However, pending this appeal, the single commissioner issued an order dated December 5, 1997, awarding Aaron workers' compensation benefits based on a hearing held on October 23, 1997. Employer filed an additional Form 30 request for review as a result of the December order.
Additionally, by order dated January 12, 1998, the single commissioner again denied Employer's motion to compel a medical evaluation or suspend the proceedings. Employer filed a third Form 30 requesting full Commission review of the single commissioner's denial of its motion, although a hearing on the merits had already taken place.
The three Form 30s were consolidated for appeal. By order dated June 16, 1998, the full Commission reversed the single commissioner's orders dated October 17, 1997 and January 12, 1998, finding Aaron's rights to compensation and to take or prosecute any proceedings against Employer were suspended by his failure to submit to an independent medical examination ("IME"), as required by § 42-15-80. As a result of finding Aaron's right to prosecute was suspended, the full Commission vacated the order of the single commissioner dated December 5, 1997, which awarded Aaron benefits, because the October 23, 1997, hearing was improperly convened. Aaron appealed this order to the Circuit Court, which affirmed the decision of the full Commission. This appeal follows.
Aaron argues the Circuit Court erred in affirming the full Commission's order, which held Aaron's rights to compensation and to take or prosecute any proceedings against Employer were suspended because of his failure to submit to a medical examination, as required by § 42-15-80. We agree.
Section 42-15-80 provides:
(emphasis added).
Our Supreme Court first addressed a claimant's refusal to submit to an IME in Hill v. Skinner, 195 S.C. 330, 11 S.E.2d 386 (1940). The Hill Court recognized the trial court's determination that where a claimant refuses to submit to a physical examination upon the request of the duly authorized agent of the employer and the court can find no justification for his refusal to submit to the examination, the mandatory provisions of Section 27 of Act No. 610, 1936 Acts 1231 ("Section 27")1 become operative and the claimant is not entitled to compensation for the period that elapsed between the time of his refusal and the time when such refusal ceased. Id. at 338, 11 S.E.2d at 390.
In Wardlaw v. J.G. Ridgeway Construction Co., 212 S.C. 116, 46 S.E.2d 662 (1948), the claimant was suffering from a back injury. The physician desired to perform a spinal puncture on the claimant to complete his diagnosis. The claimant averred he was afraid of the puncture and afraid "to be worked on in the spinal part anywhere at all." Id. at 119, 46 S.E.2d at 663. Further, he knew of people who had been disabled as the result of such treatment and a friend, he said, had died from a "spinal shot." Id. The Court held that where no medical evidence was submitted on the issue whether the spinal puncture was dangerous, the employee was not justified in refusing to submit to the spinal puncture because of an unfounded fear of danger. Id. at 121, 46 S.E.2d at 664. The first case in which the Supreme Court determined a claimant's refusal to submit to an examination was justified was Ward v. Dixie Shirt Co., 223 S.C. 448, 76 S.E.2d 605 (1953). In Ward, the claimant refused to undergo a spinal myelogram test by a Spartanburg neurosurgeon selected by her employer's insurer. The claimant's primary care physician, the doctor initially assigned to claimant by her employer, believed the claimant's condition required the "most expert neurological opinion" and referred her to an orthopedic surgeon and a neurosurgeon at Emory University in Atlanta. Id. at 453, 76 S.E.2d at 607. The claimant wanted to pursue the course of treatment prescribed by her primary care physician. The employer sought to suspend the claimant's compensation payments until the claimant reported to the Spartanburg neurosurgeon. A single commissioner, finding the evidence relating to the claimant's condition warranted her refusal to be treated by the employer's designated specialist, denied the employer's request. Id. at 454, 76 S.E.2d at 608. The commissioner further ordered the employer and its insurer to defray the claimant's costs of examination by the Emory surgeons. Id. The full Commission and Circuit Court affirmed. Id. Hence, the claimant's rights under the Workmen's Compensation Act were not suspended for her refusal.
In reaching its decision, the Ward Court articulated the proper standard of review for the determination of justification on the part of the claimant. The Court stated:
Where the...
To continue reading
Request your trial