Berg v. Parker Drilling Co., 99,870.

• Decision Date: 21 September 2004
• Docket Number: No. 99,870.,99,870.
• Citation: 2004 OK 72,98 P.3d 1099
• Parties: Roy BERG, Petitioner, v. PARKER DRILLING COMPANY, Insurance Company of the State of Pennsylvania, and the Workers' Compensation Court, Respondents.
• Court: Oklahoma Supreme Court

98 P.3d 1099

2004 OK 72

Roy BERG, Petitioner, v. PARKER DRILLING COMPANY, Insurance Company of the State of Pennsylvania, and the Workers' Compensation Court, Respondents.

No. 99,870.

Supreme Court of Oklahoma.

September 21, 2004.

As Corrected September 23, 2004.

Jack G. Zurawik, Pamela K. Morgan, Zurawik Law Firm, Tulsa, OK, for Petitioner.

David P. Reid, Perrine, McGivern, Redemann, Reid, Berry & Taylor, P.L.L.C., Tulsa, OK, for Respondents.

EDMONDSON, J.

¶ 1 We previously granted certiorari in this review proceeding from an order of the Worker's Compensation Court to address employer's assertions that the Court of Appeals went beyond the statutory standard of review when it vacated the panel's order denying additional medical treatment and temporary total disability to claimant, Roy Berg. The principal question before us is whether the order of the Worker's Compensation Court is supported by any competent evidence. We find that it is and we vacate the decision of the Court of Appeals and sustain the order of the three-judge panel.

¶ 2 It is undisputed that Mr. Berg suffered an on-the-job accidental personal injury on November 25, 1998, when he slipped and fell on the offshore drilling rig in the South China Sea where he was working for Parker Drilling Company as a maintenance man. He was immediately hospitalized in Hong Kong and received medical care and treatment there for several days.

¶ 3 On November 14, 2000, Mr. Berg filed a Form 3 with the Oklahoma Workers' Compensation Court alleging that in the 1998 accident he had injured his left hip, both feet, groin, and back. On December 10, 2001, Mr. Berg sought worker's compensation benefits when he filed a Form 9 seeking temporary total disability benefits from November 26, 2001, the appointment of an independent medical examiner and authorization for medications, physical therapy and injections to both hips. The written medical report of claimant's physician, Dr. Trinidad, concerning his examination of Mr. Berg on November 21, 2001, was attached. In its response, Parker Drilling Company admitted claimant sustained a covered accidental injury to the groin but disputed the remainder of the claim.

¶ 4 Pursuant to claimant's motion, the trial court issued an order appointing an Independent Medical Examiner, Dr. Terrell Simmons, an orthopedic specialist, to examine claimant and give his opinion regarding the causation of claimant's problems with his back and hips, the recommended treatment and the issue of temporary total disability. On June 14, 2002, Mr. Berg sought authorization for bilateral total hip replacements and temporary total disability from the date of the surgery if no light duty was available. Dr. Simmons' written report of his examination of Mr. Berg on April 24, 2002, was attached.

¶ 5 The matter came on for trial September 24, 2002. Mr. Berg testified that prior to the 1998 accident, he had experienced no problems with his back, groin or hips, but after the accident, when he returned for two 28-day hitches, he had pain in his hips which interfered with ability to do his job on the drilling platform and the pain continued to get worse. Mr. Berg stated that in March of 1999, after his second 28-day hitch, he was terminated by Parker Drilling for reasons unrelated to the injury.

¶ 6 Mr. Berg testified that in November of 1999 he went to work for Pride International Company as an oil rig mechanic, working full-time with no work restrictions, and that he held that job for two years and ceased working for them only because the rig shut down. He stated that if the rig were still operating, he would still be working for them as an oil rig mechanic. He stated he had not felt able to work since that job ended in 2001 because he did not think he could pass a medical examination if one were required for the job, and he complained that he now has constant pain in both hips and walks with a limp. On cross-examination, Mr. Berg agreed that in a deposition taken in December of 2000, he had testified that the parts of his body which were injured in the accident were "mainly the left leg, groin area" and that the shin of his right leg had been scraped.

¶ 7 There was competent medical opinion evidence introduced which was conflicting on the issues. The report of Mr. Berg's medical witness, Dr. Trinidad, concluded that claimant suffered sprains to his left thigh, groin and both hips in the 1998 accident, that he had not achieved maximum recovery and that he needed further evaluation for which he should be referred to an orthopedist for diagnostic and therapeutic purposes.

¶8 The medical report of employer's medical witness, Dr. Mitchell, given from his examination of claimant on January 17, 2002, found claimant's injuries were limited to a strain of his left groin. Dr. Mitchell concluded that claimant's injury was fully resolved. He believed Mr. Berg had achieved maximum medical recovery from the accident, that he had sustained 0% permanent partial impairment and could be employed without restrictions.

¶ 9 Dr. Simmons, the independent medical examiner, testified by deposition and portions of his testimony and his written report supported claimant's position, while other portions supported employer's position. He stated claimant had significant arthritis in both hips which called for bilateral total hip replacements. Because these degenerative changes were seen on...