McGregor v. Crystal Food Corp.
| Decision Date | 18 February 1986 |
| Docket Number | No. 0429-85,0429-85 |
| Court | Virginia Court of Appeals |
| Parties | Brenda Darlene McGREGOR v. CRYSTAL FOOD CORPORATION, Employer and Hartford Fire Insurance Company, Insurer. Record |
Julia H. Butler (Ashcraft & Gerel, Alexandria, Va., on brief), for appellant.
(Harold M. Walker, Jr., Mountfort, Furr, Dowler & Jackson, Falls Church, on brief), for appellee.
Present: DUFF, MOON, and COLE, JJ.
Brenda McGregor seeks reversal of the Industrial Commission's decision that she was able to return to work and that her employer, Crystal Food Corporation, was not responsible for her medical expenses incurred in an emergency room visit and subsequent hospitalization. We affirm the decision because it is supported by credible evidence.
At the outset, we note that the employer has the burden of proving that an employee's condition has changed so as to justify stopping payments of compensation. J.A. Foust Coal Co. v. Messer, 195 Va. 762, 765, 80 S.E.2d 533, 535 (1954). However, we also find it implicit in Code § 65.1-88 that an employee has the burden of proving that "other necessary medical care," including emergency medical care by other than an authorized physician, should be paid by the employer. See Insurance Management Corp. v. Daniels, 222 Va. 434, 438, 281 S.E.2d 847, 849 (1981).
The evidence indicated that McGregor sustained a compensable back injury on September 30, 1983, and received treatment from Dr. John Bruno. On March 2, 1984, after conducting a myelogram, which proved negative, Dr. Bruno told McGregor that she needed no further treatment. However, he prescribed certain medication for her symptoms. McGregor testified that she called Dr. Bruno on March 4, 1984, and told him of increased back pain she was experiencing. She further testified that he told her to stay off her feet and continue the medication. Dr. Bruno denied speaking with McGregor after her last office visit of March 2, 1984. On March 7, she called Dr. Bruno and spoke to his associate, Dr. Davidson, who advised her to go to a hospital emergency room. She went to the National Orthopedic and Rehabilitation Hospital (NORH) emergency room. The physician on duty there called Dr. Davidson, and Davidson advised him that she had been released by the Mount Vernon Hospital and that they found no reason to keep her in the hospital. She remained at NORH for five weeks and incurred the medical expenses for which she now seeks payment.
McGregor did not present specific evidence that the back pain she was experiencing while at NORH was...
To continue reading
Request your trial
-
McWhorter v. Williamsburg/James City County and Community Action Agency, Inc., Record No. 2063-07-1 (Va. App. 5/6/2008), Record No. 2063-07-1
...199-200, 336 S.E.2d 903, 906 (1985). "Only medical treatment resulting from an accident is compensable." McGregor v. Crystal Food Corp., 1 Va. App. 507, 509, 339 S.E.2d 917, 919 (1986).5 We have repeatedly held that "[t]he commission's determination regarding causation is a finding of fact.......
-
Board of Sup'rs of Henrico County v. Martin, 1007-85
...(1981); Crisp v. Brown's Tysons Corner Dodge, Inc., 1 Va.App. 503, 504, 339 S.E.2d 916, 916 (1986); see McGregor v. Crystal Food Corp., 1 Va.App. 507, 509, 339 S.E.2d 917, 918-19 (1986). Under the holding in Leonard v. Arnold, 218 Va. 210, 237 S.E.2d 97 (1977) the factual issue before the C......
-
Chesterfield County/Fire Dept. v. Dunn
...v. Daniels, 222 Va. 434, 438-39, 281 S.E.2d 847, 849 (1981); Crisp, 1 Va.App. at 504, 339 S.E.2d at 916; McGregor v. Crystal Food Corp., 1 Va.App. 507, 509, 339 S.E.2d 917, 918 (1986). The majority has neither the authority nor the evidence in the record to support its finding of the facts.......
-
Locksmith v. Chippenham Hospital, Record No. 2798-03-2 (VA 5/11/2004)
...903, 906 (1985); Code § 65.2-603. Locksmith, as the claimant, bears the burden of proof on these issues. McGregor v. Crystal Food Corp., 1 Va. App. 507, 508, 339 S.E.2d 917, 918 (1986). Without a referral from an authorized treating physician, Code § 65.2-603(C) provides for treatment by an......