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Workers’ Compensation — Litigiousness – Attorney’s Fee Award – Refusal of Second Part of Treatment
North Carolina Lawyers Weekly Staff//January 20, 2022//
Workers’ Compensation — Litigiousness – Attorney’s Fee Award – Refusal of Second Part of Treatment
North Carolina Lawyers Weekly Staff//January 20, 2022//
Where (1) defendants authorized plaintiff’s care to be transferred to Dr. VanDerNoord, a physician that defendants requested in lieu of plaintiff’s preferred treating physician; (2) Dr. VanDerNoord recommended plaintiff receive a two-part treatment protocol involving two sets of facet joint injections; (3) defendants authorized the first set of facet joint injections; and (4) defendants then declined to authorize the second set of facet injections despite a positive response to the first set and no other change in circumstances in the interim, the Industrial Commission properly determined that it could assess costs and attorneys’ fees against defendants under G.S. § 97-88.1 for refusing to authorize the second set of facet joint injections until being forced to do so by the Commission.
We affirm the Commission’s opinion and award.
Enoch v. Monarch (Lawyers Weekly No. 012-020-22, 10 pp.) (Richard Dietz, J.) Appealed from the Industrial Commission. Stewart Poisson for plaintiff; John Morris for defendants. 2022-NCCOA-41
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