Pitchford v. Jim Powell Dozer, Inc., 92,261.

• Decision Date: 22 February 2000
• Docket Number: No. 92,261.,92,261.
• Citation: 996 P.2d 935,2000 OK 12
• Parties: James E. PITCHFORD, Petitioner, v. JIM POWELL DOZER, INC., The State Insurance Fund, and the Workers' Compensation Court, Respondents
• Court: Oklahoma Supreme Court

996 P.2d 935

2000 OK 12

James E. PITCHFORD, Petitioner, v. JIM POWELL DOZER, INC., The State Insurance Fund, and the Workers' Compensation Court, Respondents

No. 92,261.

Supreme Court of Oklahoma.

February 22, 2000.

Walter F. Brune and Fred L. Boettcher, Boettcher Law Offices, Inc., Ponca City, Oklahoma, For Petitioner James E. Pitchford.

Robert P. Fitz-Patrick and Mike Gilliard, McGivern, Gilliard & Curthoys, Tulsa, Oklahoma, For Respondents Jim Powell Dozer, Inc. and The State Insurance Fund.

HARGRAVE, V.C.J.

¶ 1 This matter concerns the denial of a post-award request by the claimant, James Pitchford for reimbursement of medications prescribed after the last disability hearing and order in a workers' compensation matter. We find that the trial court correctly denied this request for reimbursement as claimant made no request for a finding of a change of condition subsequent to the last disability hearing and continuing medical maintenance was neither provided for nor reserved in the last disability order.

FACTS AND PROCEDURAL HISTORY

¶ 2 Claimant was originally injured on January 4, 1991. He received an award of permanent partial disability benefits on November 2, 1992. An order was entered July 29, 1996, finding that claimant sustained a change of condition for the worse, in which the Workers' Compensation Court awarded additional permanent partial disability to claimant's neck and back. At the hearing that resulted in the July 29, 1996 order, claimant did not request reservation of continuing medical maintenance or treatment, and the order did not address or reserve the issue of continuing medical maintenance. Claimant did not appeal this issue or seek to have the three-judge panel reserve the continuing medical issue not addressed in the July 29th order.

¶ 3 On January 16, 1998, Petitioner sought reimbursement for prescription medications purchased after the July 29, 1996 order. These prescriptions, as argued by the claimant, were for the maintenance of the previously adjudicated change in condition. On August 31, 1998 the trial court denied this request for reimbursement finding:

THAT in the absence of a change of condition for the worse, requests for continuing medical maintenance must be made at the time of the trial on permanent partial disability unless specifically reserved by the Trial Court in its order awarding permanent benefits, H.R. [Hill] Trucking Co. v. Hillburn [Hilburn], 940 P.2d 238, 240 (Okl.Civ.App.1997). When permanent partial disability is adjudicated by the Trial Court, claimant's treatment and medical maintenance status is also being adjudicated. In the absence of a finding of the need for continuing medical maintenance, claimant's permanent partial disability order effectively adjudicates that no such maintenance is required; to hold otherwise is to find that there is no finality to such issues of medical maintenance. Indeed, under claimant's theory, an order awarding one form of continuing medical maintenance could presumably be modified at any time to award an additional form of continuing medical maintenance regardless whether it had been previously contemplated or considered. Contrary to claimant's position herein, a change of condition for the worse must be found before continuing medical maintenance benefits may be awarded to the claimant herein.

The trial court's August 31, 1998 Order was affirmed by the Workers' Compensation Court's three-judge panel on November 6, 1998.

¶ 4 The Court of Civil Appeals, Division II, vacated the findings of the trial court and found that the prescription medication constituted maintenance care under 85 O.S. § 14. The Court of Civil Appeals found that the trial court erred in disallowing the claim for post-award prescription medication as the medication was necessary for the maintenance of the claimant's medical condition. In so finding the Court of Civil Appeals opined that although permanent disability had begun, the right of the claimant to receive further medical treatment continued under the limited, tightly structured and explicitly authorized exception of daily maintenance found in Orrick Stone Co. v. Jeffries, 1971 OK 116, 488 P.2d 1243.

¶ 5 In Bill Hodges Truck Co. v. Gillum, 1989 OK 86, 774 P.2d 1063, this Court held:

A permanent disability award constitutes a solemn adjudication that the worker's healing period has come to an end and his condition or state of health has reached the very optimum that is then medically obtainable. The law assumes that a condition of health, once adjudged to be permanent, is stationary. Stationary conditions generally require no medical care or maintenance. The moment permanent disability begins, the right to receive medical treatment ceases by operation of law except, of course, for certain limited tightly structured and explicitly authorized situations. Permanent disability, partial or total is presumed to continue until recurrence of temporary disability is established.. . . Once adjudged to have permanent disability, a worker is entitled to medical attention only upon establishing recurrence of the postaward healing period in a reopening

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