Rish v. Home Depot

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This appeal arose from an Industrial Commission (the Commission) order denying medical care benefits to Channel Rish. Rish worked as a cashier at Home Depot. While working on October 30, 2005, Rish slipped on a floor mat and injured her right knee. The injury ultimately required Rish to undergo three knee surgeries, which Dr. Casey Huntsman performed in 2005, 2006, and 2007. Roughly three months after Rish’s third surgery, Dr. Huntsman concluded Rish had achieved maximum medical improvement (MMI). Dr. Huntsman, however, further noted that Rish “definitely needs . . . continued pain management” with Dr. Holly Zoe. To that end, Rish visited Dr. Zoe for pain management treatment. Respondents remained skeptical as to Rish’s continued medical care with Dr. Zoe. Rish filed a worker’s compensation complaint to seek past and future disability benefits and medical care. Respondents answered and conceded Rish was entitled to the already-paid disability benefits and medical care, but Respondents disputed whether she was entitled to additional disability benefits and medical care. After a hearing, the Commission held in Respondents’ favor. The Commission noted that Rish did not timely raise the issue of disability benefits, but concluded Rish was nevertheless entitled to no additional disability benefits. Further, the Commission concluded Rish was entitled to no additional medical care benefits because the medical care Rish received after August 9, 2007 (the date when Dr. Huntsman deemed her at MMI) was unreasonable. Rish appealed. After review, the Supreme Court concluded the Commission erred in holding that the medical care Rish received after August 9, 2007 was unreasonable. As such, the Court vacated the Commission’s denial of medical care benefits and remanded for further proceedings. View "Rish v. Home Depot" on Justia Law