WORKERS COMP FUTURE MEDS: MULLINS V. MIKE CATRON CONSTRUCTION CO. (COA 9/28/2007)

MULLINS V. MIKE CATRON CONSTRUCTION CO.
WORKERS COMP:  Future Medical Treatment

2006-CA-002182
PUBLISHED: AFFIRMING
PANEL: THOMPSON PRESIDING; VANMETER, PAISLEY CONCUR
WORKERS COMPENSATION BOARD
DATE RENDERED: 09/28/2007

Medical benefits and University Evaluators – The Court of Appels held that an ALJ may refuse to grant future medical treatment in a case where he finds that no medical treatment is needed in the future. The COA distinguished recent Supreme court case law in FEI Installation v. Williams which held that an ALJ may not refuse to grant future medical benefits even if there is no permanent impairment, where a work related injury has been proven. The COA also held that the claimant failed to object to the appointment of Dr. Goldman as a University Evaluator under KRS 342.315. The Supreme Court in Morrison v. Home Depot had held that Dr. Goldman was not qualified as a university evaluator because he was merely a contracted evaluator and not an actual employee of a University.

Digested by Peter Naake
Priddy, Cutler, Miller & Meade

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