CLAIM NO. E804329
Before the Arkansas Workers’ Compensation Commission
OPINION FILED NOVEMBER 8, 2000
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant represented by STEPHEN L. TISDALE, Attorney at Law, Eudora, Arkansas.
Respondent represented by BRIAN H. RATCLIFF, Attorney at Law, El Dorado, Arkansas.
Decision of Administrative Law Judge: Affirmed.
OPINION AND ORDER
Respondent appeals a June 19, 2000 opinion of the Administrative Law Judge finding that claimant is entitled to an independent medical evaluation by Dr. Ruth L. Thomas.
After our de novo review of the entire record, we find that the greater weight of the evidence indicates that claimant is entitled to an independent medical evaluation for the purposes of determining the extent of his permanent anatomical impairment and that this evaluation may be performed by Dr. Ruth L. Thomas. Accordingly, the opinion of the Administrative Law Judge is affirmed.
On April 9, 1998, claimant sustained a severe crush injury to his foot. The injury was accepted as compensable and respondent has apparently paid appropriate benefits. Dr. Norris C. Knight, an orthopedic surgeon, is claimant’s treating physician. After multiple surgical procedures, claimant was released to return to work with restrictions and has done so. Dr. Knight has refused to evaluate the extent of claimant’s permanent anatomical impairment without payment of his fee in advance. The parties agree that this fee exceeds the amount allowable under the Commission’s medical fee schedule. The issue is whether claimant is entitled to an independent medical evaluation at respondent’s expense to determine the extent of his permanent anatomical impairment.
The Commission has discretion to order an independent medical evaluation pursuant to Ark. Code Ann. § 11-9-511(a) (Repl. 1996). The Act provides that claimants are entitled to benefits for any permanent anatomical impairment resulting from the compensable injury. Since Dr. Knight refuses to render an opinion concerning the extent of claimant’s permanent anatomical impairment without requiring a fee in excess of the medical fee schedule established by the Commission, we find that an independent medical evaluation at respondent’s expense is warranted in this case. The Administrative Law Judge designated Dr. Ruth L. Thomas as the physician to perform this evaluation and we affirm this finding as well.
Although not part of the record in this case, respondent has subsequently alleged that Dr. Thomas is likewise requiring a fee in excess of that established by the Commission’s medical fee schedule. However, we find that an independent medical evaluation by Dr. Thomas does not come within the purview of Commission Rule 30. Commission Rule 30, Part I. A. II. provides that “[a]n independent medical examination performed to evaluate legal liability of a case, or for purposes of litigation of a case, shall be exempted from this rule.” See alsoCyphers v. United Parcel Service, 68 Ark. App. 62, 3 S.W.3d 698 (1999). Since Dr. Thomas will evaluate respondent’s liability for benefits for claimant’s permanent anatomical impairment, we find that such an evaluation is not subject to the Commission’s medical fee schedule.
For the foregoing reasons, we affirm the opinion of the Administrative Law Judge finding that claimant is entitled to an independent medical evaluation at respondent’s expense. Additionally, we affirm the Administrative Law Judge’s designation of Dr. Ruth L. Thomas to perform the evaluation. For prevailing on this appeal before the Commission, claimant’s attorney is hereby awarded an additional attorney’s fee in the amount of $250.00.
IT IS SO ORDERED.
_______________________________ ELDON F. COFFMAN, Chairman
_______________________________ PAT WEST HUMPHREY, Commissioner
Commissioner Wilson dissents.