Womack v. Boston Fisheries

• Decision Date: 29 October 1974
• Docket Number: No. 45925,45925
• Citation: Womack v. Boston Fisheries, 527 P.2d 1368 (Okla. 1974)
• Parties: Carl O. WOMACK, Respondent, v. BOSTON FISHERIES, a Subsidiary of Stone Freezer Foods, and Iowa Mutual Insurance Company, Petitioners.
• Court: Oklahoma Supreme Court

Page 1368

527 P.2d 1368

Carl O. WOMACK, Respondent, v.BOSTON FISHERIES, a Subsidiary of Stone Freezer Foods, and Iowa Mutual Insurance Company, Petitioners.

No. 45925.

Supreme Court of Oklahoma.

Oct. 29, 1974.

Donovan, Freese & March by Gerard K. Donovan, Edmond F. Geary, Tulsa, for petitioners.

N. Franklyn Casey and Stephen C. Wolfe, Tulsa, for respondent.

DOOLIN, Justice.

This is a proceeding to review an en banc order, affirming a trial judge's order, requiring petitioner to pay medical and hospital bills incurred by an injured employee (Womack).Undue time lapse between injury, treatment, filing of claims, hearings, and eventual entry (July 15, 1971) of the order reviewed, necessitate extended summation to disclose chronological sequence of events creating this controversy.

Claim for compensation filed March 12, 1972, alleged occurrence of accidental back injury January 10, 1962.A trial judge's award of compensation was modified by State Industrial Court on appeal en banc by reduction of the award to 35% Permanent partial disability to body as a whole.This phase of the case terminated November 26, 1973, and is not considered further, except for questions concerning effect and finality of that settlement in relation to certain claims considered herein.Present issues concern propriety of an order requiring petitioner to pay charges ($2,064.15) for claimant's self-procured medical and hospital expenses, incurred subsequent to an order (April 12, 1962) awarding further temporary total compensation and medical treatment from a competent physician to be selected by petitioner.These matters are summarized hereafter.

Following injury (January 10 1962)claimant was hospitalized, treated, and paid temporary total compensation until released January 24 for return to work.Claimant voluntarily quit work in March, 1962, and without notice or request for further treatment, placed himself under care of Dr. J. and was hospitalized for emergency care in Oklahoma Osteopathic Hospital on March 22, 1962.On March 27claimant's attorney wrote petitioner's insurer advising of need for emergency hospitalization.Claimant was discharged from the hospital on April 7, but continued treatment under Dr. J. until May 7, 1962.

After hearing, the trial judge entered an order awarding temporary total compensation until April 7, 1962.The order found further treatment necessary, directed treatment by competent physician to be selected by petitioner, and awarded further temporary total compensation to begin when claimant presented himself for treatment.Petitioners were ordered to pay all reasonable medical bills theretofore incurred.This order was appealed and affirmed by State Industrial Court en banc.This order became final, hence no issue is considered relative to charges for self-procured medical services received without notice or knowledge imparted to an employer.SeeSappington-Hickman, Inc. v. State Industrial Court(Okl.), 262 P.2d 707, in relation to employer's right to select physician under the Act.

May 1, 1962, claimant's attorney had sent petitioners a letter request for advice as to physicians to whom claimant should present himself for treatment.The record does not show petitioners acknowledged this request, or directed claimant to a physician.June 6, 1962, claimant sought treatment from Dr. W., who reported need for hospitalization myelogram and diagnostic studies in view of demonstrated symptoms of possible herniated disc.The physician reported claimant's condition was approaching emergency because of encroaching pain.Claimant was hospitalized July 3, 1962 for emergency surgery, during which laminectomy and spinal fusion was performed.The following September Dr. W. evaluated the claimant as temporarily totally disabled with prognosis of continuing disability for three to four months.Charges incurred during the last mentioned hospitalization and treatment supported Form 19 claims which are the basis of order now reviewed.Claimant later testified this treatment did not relieve his condition.

In December, 1962, claimant was hospitalized by Drs. S. & I., selected by petitioner, and in January, 1963, exploratory surgery was performed, including removal of four screws and a small piece of dead bone implanted by Dr. W.Subsequent examination showed claimant's back stabilized, although re-hospitalized in February, 1963, as a result of a fall.These physicians referred claimant to Dr. U., for psychiatric treatment, who reported disability emanated from fear of total disability.Claimant continued treatment under Drs. S. & I. until May, 1963, but in July, he testified his condition remained unchanged.

Prior to hearing (July 11, 1963)the court ordered payment of Dr. J.'s Form 19 claim for medical services.At this hearing claimant introduced deposition testimony supporting reasonableness of these charges.Claimant's case was heard only upon issue of permanent partial disability, and an order was entered awarding 62 1/2% Permanent partial disability to body as a whole.Appeal of this order to State Industrial Court en banc resulted in modification mentioned (reduced to 35%).The order directing payment of charges reflected by Dr. J.'s Form 19 was not appealed.Prior to this hearing on July 11, 1963 Form 19 claims had been filed on behalf of Dr. W. and the hospital.

Thereafter the case was approved for joint petition settlement and became final.This order also required payment of all medical bills incurred.Claimant's attorney also represented the hospital and had filed Form 19.A Form 19 had been filed June 25 1963 on behalf of Dr. W. Charges claimed by the hospital's Form 19 and, those shown by Dr. W.'s Form 19, specifically were excluded from consideration on joint petition settlement hearing, and left open for future hearing and determination.This fact of the case then remained dormant through the intervening years.

July 15, 1971 another Judge (Cooper) entered an order reciting submission of the case for determination pursuant to hearing on November 10, 1966, and presentation of claims by named attorneys.These attorneys had not appeared during earlier proceedings, except counsel representing petitioners.This order found petitioners had refused timely request for medical attention, and medical services ultimately rendered were in nature of emergency treatment.Further, petitioners had waived objections to reasonableness and necessity of charges in open court.The order denied petitioners' objections that charges for medical services were unauthorized, and adjudicated petitioners' liability for total charges ($2,064.15) under Form 19 claims for services.

At this point we note the hospital's Form 19, filed June 18, 1963, itemized charges of $404.35 for treatment and care during claimant's hospitalization March 22, 1962 through April 7, 1962.Form 19 on behalf of Dr. W., filed June 25, 1963, itemized charges in June, 1962, prior to second hospitalization, and also charges for surgery and treatment following hospitalization until discharged, in total...