Risinger v. Knight Textiles, 3574.

• Decision Date: 09 December 2002
• Docket Number: No. 3574.,3574.
• Court: South Carolina Court of Appeals
• Parties: Billy RISINGER, Respondent, v. KNIGHT TEXTILES, Appellant.

353 S.C. 69

577 S.E.2d 222

Billy RISINGER, Respondent, v. KNIGHT TEXTILES, Appellant.

No. 3574.

Court of Appeals of South Carolina.

Submitted November 4, 2002.

Decided December 9, 2002.

Rehearing Denied February 26, 2003.

Darryl D. Smalls, of Columbia, for appellant.

S. Kirkpatrick Morgan, Jr., of Lexington, for respondent.

HEARN, C.J.:

Knight Textiles appeals an order of the circuit court requiring it to provide certain medical treatment recommended by Billy Risinger's physician for work-related injuries. Knight argues the commission erred in finding that S.C.Code Ann. § 42-15-80 does not allow an employer to request an independent medical examination of an injured employee when a final order of the commission has been issued and the employer is paying benefits pursuant to the final order. We affirm.¹

FACTS

Risinger sustained a severe injury to his lower back and spine when he slipped and fell off a dock area and landed on a metal ramp while working for Knight. Risinger was referred to Dr. Talley Parrott, an orthopedic surgeon, in January 1998 for treatment. Dr. Parrott recommended surgical intervention for Risinger's right radicular pain and right disc herniation. Knight, however, requested a second opinion from a neurosurgeon, Dr. Franklin Epstein. Dr. Epstein opined that Risinger's pain was "incapacitating" and recommended a disc excision "in association with an interbody fusion." Dr. Epstein performed surgery in April 1998.

In August 1999, the single commissioner determined that Risinger was totally and permanently disabled. The commissioner's order required that Knight be "financially responsible for ... lifetime medical benefits for [Risinger's] compensable injury components per South Carolina Code Ann. § 42-15-60." At the time the order was issued, Dr. Epstein was Risinger's authorized treating physician. Subsequent to the order, Dr. Epstein prescribed certain medications and referred Risinger to Dr. David Steiner for chronic pain and depression. Knight, however, refused to provide the medical treatment as recommended by Dr. Epstein and Dr. Steiner.

In February 2000, Risinger filed a Form 50 requesting payment for the additional medical treatment. Knight filed a Form 51 denying the additional treatment and requesting an independent medical evaluation. The single commissioner found Knight was financially responsible for the medical treatment recommended by Dr. Epstein and Dr. Steiner. The commissioner also found S.C.Code Ann. § 42-15-80 inapplicable when a final order of the commission has been issued and the carrier is paying benefits pursuant to that order. The full commission affirmed the single commissioner. Knight then appealed to the circuit court, which affirmed the full commission.

STANDARD OF REVIEW

"Judicial review of a Workers' Compensation decision is governed by the substantial evidence rule of the Administrative Procedures Act." Lake v. Reeder Constr. Co., 330 S.C. 242, 246, 498 S.E.2d 650, 653 (Ct.App.1998) (citing Wilson v. Georgetown County, 316 S.C. 92, 447 S.E.2d 841 (1994)). "We may not substitute our judgment for that of the commission as to the weight of the evidence on questions of fact, but may reverse if the decision is affected by an error of law." Brown v. Bi-Lo, Inc., 341 S.C. 611, 614, 535 S.E.2d 445, 447 (Ct.App.2000) (cert. granted May 23, 2001) (citation omitted). "We may reverse or modify a decision if the findings and conclusions of the agency are affected by error of law, clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record, or arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion." Id. (citation omitted).

DISCUSSION

Knight first contends the circuit court erred in finding that it was not entitled to an independent medical evaluation of Risinger. Specifically, Knight argues that the circuit court and the workers' compensation commission erred in finding that S.C.Code Ann. § 42-15-80² does not provide for an independent medical evaluation when a final order has been issued and the employer/carrier is paying benefits pursuant to a final order of the commission. We disagree.

In this case, the workers' compensation commission affirmed the single commissioner's finding that section 42-15-80 does not apply when a final order has been issued and the carrier is paying benefits pursuant to a final order. In this state, "[t]he construction of a statute by the agency charged with its administration should be accorded great deference and will not be overruled without a compelling reason." Vulcan Materials Co. v. Greenville County Bd. of Zoning Appeals, 342 S.C. 480, 496, 536 S.E.2d 892, 900 (Ct.App.2000) (citations omitted). We do not find that this case presents a compelling reason to ignore the commission's interpretation of the statute. Moreover, Knight chose Dr. Epstein to provide a second opinion concerning Risinger's condition. Knight now refuses to pay for Dr. Epstein's treatment and referral treatment arguing it is entitled to yet another "second" opinion. Because we believe Knight has already received the very relief it seeks, i.e., a second opinion regarding Risinger's treatment, we find no merit to the argument that it is entitled to what would effectively be a third opinion.

Finally, we believe Knight's interpretation of section 42-15-80 would lead to an absurd result. See Broadhurst v. City of Myrtle Beach Election Comm'n, 342 S.C. 373, 380, 537 S.E.2d...