David Willis (Atlanta, GA) (Workers’ Compensation) defended Schwan’s and Sedgwick CMS at a hearing before Judge Meg Hartin at the State Board of Workers’ Compensation. The claimant, a 20-year employee of Schwan’s in downtown Atlanta sustained injuries after a machine door struck her on the neck and back. Medical treatment and TTD benefits were authorized. Over a year later,the authorized treating physician released the claimant to full duty work and weekly TTD benefits were suspended. The claimant’s attorney then met with Dr. Sloan and returned the claimant to light duty. Later, Dr. Sloan returned the claimant to full duty in mid-September 2020. He reiterated this opinion on November 2, 2020.
Following the light duty release, the claimant’s attorney filed a hearing request seeking (1) a recommencement of TTD benefits and (2) a change of physicians to her IME doctor, Tapan Daftari. Even though Dr. Sloan and two other doctors stated that surgery was not required, Dr. Daftari had rendered an opinion suggesting that further injections and surgery would be needed. It was the position of Schwan’s and Sedgwick that the claimant had been capable of full duty work since July 20, 2020 and that a change of physicians to Dr. Daftari was not warranted.
On February 2, 2021 Judge Hartin issued her Award and granted only a limited period of TTD from August 26, 2020 until November 2, 2020, representing 9.4 weeks of benefits. Significantly, she concluded that the evidence proved the claimant had been capable of regular duty work since November 2, 2020. This was based partly upon the opinion of Dr. Sloan, as well as two other doctors who also concluded the claimant could work full duty. Additionally, Judge Hartin found that while the claimant had compensable injuries to her back and neck, “consistent with the great majority of medical opinions… surgery is not appropriate and consequently the Employee’s request for a change of physicians to Dr. Daftari is denied.”