CLAIM NO. E319129
Before the Arkansas Workers’ Compensation Commission
ORDER FILED APRIL 8, 1999
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by MARK CARNEY, Attorney at Law, Mountain Home, Arkansas.
Respondent represented by RANDY P. MURPHY, Attorney at Law, Little Rock, Arkansas.
[1] ORDER[2] This matter is presently before the Commission on remand from the Court of Appeals. In an Opinion delivered January 27, 1999, the Court stated:
[3] Accordingly, pursuant with the Court’s holding, we hereby find that the treatment rendered by Dr. Knox and those in his chain of referral was reasonable, necessary, and related to claimant’s compensable injury. Therefore, we find that claimant is entitled to additional medical treatment rendered by Dr. Knox and through his chain of referral at the respondents’ expense. [4] IT IS SO ORDERED.Res judicata does not, in this case, bar a determination that a subsequent period of complications may entitle a claimant to additional benefits, so long as the subsequent period of complications is distinguishable from those that existed at the time the first issue was litigated. Merely because Judge White found that the claimant was not entitled to a change of physician based upon the physical condition at that time, does not mean if the claimant’s condition deteriorates or changes in some other way he would not be entitled to further medical care. In this case, it was a year before the appellant returned to Dr. Knox and Dr. Knox fully described the appellant’s condition and need for treatment. The referrals from Dr. Knox and subsequent chain of treatment are compensable.
_______________________________
ELDON F. COFFMAN, Chairman _______________________________ PAT WEST HUMPHREY, Commissioner _______________________________ MIKE WILSON, Commissioner