Brody v. SMK Enterprises
Brody v. SMK Enterprises
Opinion of the Court
OPINION
The Workers’ Compensation Court of Appeals reversed the compensation judge’s order denying the employer/insurer’s request for a post-hearing supplemental deposition of the employee’s treating neurosurgeon. We reverse and remand.
On June 16, 1983, Kenyon E. Brody (“employee”) sustained compensable back injuries while employed by SMK Enterprises. He was moving a heavy slate table when it slipped and landed on his head, “crunching his neck down and twisting it somewhat.” SMK and its workers’ compensation liability insurer, Continental Western Insurance Company, accepted liability and paid various benefits. In September 1986, the parties negotiated a settlement agreement to close out all claims except for certain medical benefits.
In November 1992, employee sought medical care at the Mayo Clinic following a significant worsening in neck symptoms. An EMG was taken and read negative. Employee was advised to take some Advil. In the middle of that night the employee called the Mayo Clinic doctor to report that Advil was not helping. An MRI subsequently showed a left-sided disc herniation at the C5-6 and what doctors thought was a noncalei-fied previously herniated disc at the left C-6 foramen. Surgery performed by Dr. Brian O’Grady on December 17, 1992, confirmed these findings. Dr. O’Grady felt “the bulk of Mr. Brody’s problems” were causally related to his 1983 work injury.
Employer/insurer denied liability for the medical expenses incurred in connection with the surgery, and employee initiated proceedings to resolve the dispute. In September 1993, the parties conducted a “cross-examination” deposition
At the hearing on the medical dispute, ©’Grady’s January 7,1994, report was admitted over objection and the employer/insurer’s request for a post-hearing deposition of the doctor was denied. The employer/insurer was ordered to pay the disputed medical expenses. On appeal, the WCCA reversed and remanded for rehearing, concluding that “principles of fairness and due process” required a second deposition of Dr. O’Grady. Brody v. SMK Enterprises, — Workers’ Comp.Dec. —, slip op. at 4, (WCCA, filed June 23, 1994).
At the September 1993 “cross-examination” deposition of Dr. O’Grady, the employer/insurer had the medical records that prompted the supplemental report from the doctor, but they neither furnished the records to the doctor nor summarized the information contained in those records for purposes of cross-examination at that time.
We therefore reverse the decision of the WCCA and remand the matter for consideration of the employer/insurer’s appeal on the merits.
Employee is awarded $400 in attorney fees.
. See Minn.Stat. § 176.155, subd. 5; Minn.Rule 1415.2200, subp. 2, C and E.
. In fact, when employee's counsel sought to question the doctor about certain medical records to which the employer/insurer referred, employer/insurer objected, stating it was "beyond the scope of cross-examination” and that they would "not be responsible for the cost of any questioning that is related to direct examination that is not in the scope of redirect.” Again, when employee asked Dr. O'Grady if he would review the medical records to which employer/insurer referred and give another causation opinion, the employer/insurer objected to a supplemental opinion "as beyond the scope of any redirect and cross and beyond the scope of the deposition * *
Reference
- Full Case Name
- Kenyon E. BRODY, Relator v. SMK ENTERPRISES and Continental Western Insurance Company
- Status
- Published