Allegrezza v. Greenville Mfg. Co., et al.


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Docket Number: 2011-WC-00090-COA
Linked Case(s): 2011-WC-00090-COA ; 2011-CT-00090-SCT ; 2011-CT-00090-SCT

Court of Appeals: Opinion Link
Opinion Date: 09-25-2012
Opinion Author: Carlton, J.
Holding: Affirmed

Additional Case Information: Topic: Workers' compensation - Reasonable and necessary treatment - Psychological overlay claim - Approval of treatment - Total disability
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - WORKERS' COMPENSATION

Trial Court: Date of Trial Judgment: 12-15-2010
Appealed from: Washington County Circuit Court
Judge: Margaret Carey-McCray
Disposition: AFFIRMED JUDGMENT OF THE MISSISSIPPI WORKERS’ COMPENSATION COMMISSION
Case Number: 9716356-H-2959

Note: On September 12, 2013, the Supreme Court affirmed this opinion. The Supreme Court's opinion can be found at http://courts.ms.gov/Images/Opinions/CO87982.pdf

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Kathy Allegrezza




CHARLIE BAGLAN LAWRENCE J. HAKIM



 

Appellee: Greenville Manufacturing Company and The Travelers Insurance Company MARJORIE T. O’DONNELL  

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Topic: Workers' compensation - Reasonable and necessary treatment - Psychological overlay claim - Approval of treatment - Total disability

Summary of the Facts: Kathy Allegrezza suffered injuries to her wrists and back during her employment at Greenville Manufacturing Co. She filed a claim to receive workers’ compensation. The administrative-law judge found a permanent partial impairment in both upper extremities based on Allegrezza’s carpal tunnel syndrome claim and awarded Allegrezza temporary total disabilities benefits for six weeks, and permanent partial disability benefits for fifty weeks. As to her back-injury claim, the ALJ found that Allegrezza failed to demonstrate a loss of wage earning capacity and awarded no compensation. The ALJ also denied Allegrezza’s motion to amend the petition to controvert to allege psychological overlay. The Mississippi Workers’ Compensation Commission affirmed the ALJ’s order as to the findings and decision on the carpal tunnel claim and psychological overlay claim. However, with respect to Allegrezza’s back injury, the Commission held that her injury resulted in some percentage of loss of wage earning capacity due to restrictions placed upon her by a pain specialist. Allegrezza appealed to circuit court which affirmed the Commission’s decision. Allegrezza appeals.

Summary of Opinion Analysis: Allegrezza argues that the opinions of the ALJ and the Commission are contrary to the overwhelming weight of the lay and medical evidence presented at the hearing. The ALJ heard testimony from Allegrezza and considered deposition testimony and affidavits from physicians who treated Allegrezza. Based on the evidence presented, the ALJ found that the treatments provided by Doctors Steuer, Cassada, and Lewis did not constitute reasonable and necessary treatment. In addition, Allegrezza failed to seek permission from Greenville Manufacturing or Travelers before receiving treatment from these physicians. Allegrezza also argues that the Commission erred by failing to consider her psychological overlay claim. However, this claim was based on the treatment of Dr. Cassada for which Allegrezza failed to seek permission. Treatment rendered by a physician, other than the original treating physician, who has not been approved by the employer or its insurance carrier is not their responsibility. Allegrezza also argues that she is permanently and totally disabled for wage earning purposes and that Greenville Manufacturing failed to rebut her prima facie case proving total disability. A physical therapist testified that he performed an on-site job analysis and found that with proper safety techniques, Allegrezza could perform all aspects of the job assigned to her by Greenville Manufacturing. Thus, there is substantial credible evidence to support the Commission’s finding that Allegrezza was capable of being employed despite her injury.


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