Hall v. Sheffield Steel Corp., 99,605.

Decision Date18 December 2003
Docket NumberNo. 99,605.,99,605.
PartiesEdward F. HALL, Petitioner, v. SHEFFIELD STEEL CORPORATION and the Workers' Compensation Court, Respondents.
CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma

Susan H. Jones, Wilson Jones, P.C., Tulsa, OK, for Petitioner.

Madalene A.B. Witterholt, Nora R. O'Neill, Crowe & Dunlevy, P.C., Tulsa, OK, for Respondent Sheffield Steel Corporation.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

Opinion by KENNETH L. BUETTNER, Judge.

¶ 1 Edward F. Hall injured his back while working for Sheffield Steel in 1989 and was found to have a 20% permanent impairment because of his accident. He later moved for a change of condition for the worse and an additional 3% permanent impairment was adjudicated in 1999. In the 1999 order, the Workers' Compensation Court also ordered Sheffield Steel to provide Hall with "continuing medical care in the nature of prescription medication (prescription medication does not include injections) and monthly visits, with Dr. Feild." The trial court denied Hall's 2003 request for a "medical maintenance" hot tub with whirlpool. We sustain.

¶ 2 The record does not contain any formal or filed request for the hot tub, but a hearing was held concerning the issue at which the court took testimony and medical documentary evidence. It then issued its order July 10, 2003 stating:

THAT the prior Order of this Court dated December 16, 1999, contained a specific provision for continuing medical maintenance. That provision required the respondent to provide claimant with prescription medications and monthly office visits only. Claimant now requests, pursuant to Court directed review, a continuation of the prescription medication and office visits and also a hot tub. The hot tub was not covered by the prior orders directive concerning prescription medication. [Emphasis in original.] Further, the claimant has not filed a new motion to re-open to address the additional maintenance request of a hot tub. Therefore, claimant's request for a hot tub is denied as not falling under the Court's original Order for continuing medical maintenance nor as being requested pursuant to a new Motion to re-open.

¶ 3 Hall claims he does not need to file a motion to re-open and change of condition for the worse because the medical maintenance clause in his 1999 order covers the request for a hot tub. We disagree. ¶ 4 The 1999 order specifically provided for prescription medication (not injections) and doctor visits to maintain his medical condition. It did not include a hot tub, or any other devices which might temporarily relieve Hall's back pain and give him comfort, such as a special bed mattress or vibrating chair pad. Sheffield Steel voluntarily supplied him with a TENS unit, but that was a generosity outside the order.

¶ 5 In Armstrong v. Unit Drilling, 2002 OK 17, 43 P.3d 383, a claimant had been adjudged permanently and totally disabled in 1993 as a result of his heart attack. Armstrong had sought medical in 1993 and although there was no specific order with respect to medical maintenance,...

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