MWCC NO. 96-07036-G-2015
BOBBY V. UPCHURCH CLAIMANT
vs.
NATIONAL MOTOR CLUB OF AMERICA
EMPLOYER
AND
TRAVELERS CASUALTY AND SURETY COMPANY CARRIER
APPEARING FOR CLAIMANT:
Honorable Gregory W. Harbison, Attorney at Law,
Tupelo, Mississippi
APPEARING FOR DEFENDANTS:
Honorable Franklin Williams, Attorney at Law,
Oxford, Mississippi
The Commission heard the above styled cause on December 11, 2000 in the offices of the Mississippi Workers' Compensation Commission in Jackson, Mississippi on Claimant's "Petition for Appeal and Review to the Circuit Court of Lee County" and "Amended Petition for Review by Appeal to the Full Commission".
Having heard the arguments offered on behalf of the parties and having thoroughly studied the record and the applicable law, the Commission affirms the "Order of Administrative Judge" dated April 5, 2000.
SO ORDERED, this the 13th day of December, 2000.
MISSISSIPPI WORKERS' COMPENSATION COMMISSION
BY: BARRETT SMITH
BARNEY SCHOBY
BEVERLY BOLTON
COMMISSIONERS
ATTEST:
Joann McDonald
___________________________
MWCC NO. 96 07036-G-2015-B
BOBBY V. UPCHURCH CLAIMANT
vs.
NATIONAL MOTOR CLUB OF AMERICA
EMPLOYER
AND
TRAVELERS CASUALTY AND SURETY COMPANY
CARRIER
APPEARING FOR THE CLAIMANT:
Gregory W. Harbison, Esquire, Tupelo, Mississippi
APPEARING FOR THE EMPLOYER AND CARRIER:
Franklin Williams, Esquire, Oxford, Mississippi
On February 4, 1998, the claimant filed a petition
to controvert alleging that on May 2, 1996, he received a work-related
injury to his upper and lower back. The employer and carrier admitted the
compensability of the injury; provided medical services and supplies totaling
more than $40,000.00, including $11,23 8.29 in chiropractic bills; and
paid temporary total disability benefits from May 3, 1996, until February
3, 1997, in the total amount of $10,430.37. A dispute arose, however, regarding
the extent of disability resulting from the work injury and the reasonableness
and necessity of $5,287.14 in unauthorized chiropractic treatment, and
a hearing was held in the Lee County Courthouse in Tupelo, Mississippi,
on March 29, 2000.
The parties stipulated that the claimant's average
weekly wage on May 2, 1996, was $524.00 and that he is not making a claim
for benefits relating to any facial nerve or blurred vision problems.
The issues to be resolved by the Administrative Judge are as follows:
1. The extent of disability resulting from the back injuries sustained in the work-related motor vehicle accident of May 2, 1996; and
2. Whether the employer and carrier are liable
for charges in the amount of approximately $5,287.14 for the unauthorized
chiropractic treatment rendered by Dr. James M. Durdin, considering the
provisions of the Commission's Medical Fee Schedule.
Bobby Van Upchurch is fifty-nine years old and a resident of Guntown, Lee County, Mississippi. He has lived in Lee County for seven years. Mr. Upchurch has been married for thirty-eight years and has three grown daughters, one still living at home.
He graduated from Yazoo City High School in 1958, then attended Bible College in Tupelo for two years but did not complete the course. He has had classes to obtain a license to sell insurance. Mr. Upchurch testified at the hearing in an unusually articulate manner.
In 1968, Mr. Upchurch started pastoring, and for eight years he was pastor of a church in Apopka, Florida. He has pastored at a number of churches, including one or more in North Carolina and one in Yazoo City.
In the past, Mr. Upchurch worked as an estimator with Tidwell and Associates, a utility construction company in Booneville, Mississippi, for about a year and a half He did not do manual labor there. For a year and a half, he worked for Tom's Foods, Inc. in North Carolina, as a sales representative on a potato chip and cookie route. He serviced present customers and obtained new customers for Tom's Foods' products. This Job involved a lot of driving. Before that, Mr. Upchurch was in Clinton, Mississippi, doing home improvement construction work, such as vinyl siding and roofing, for about five years. He did not do the actual manual labor but subcontracted the work.
On February 19,1996, Mr. Upchurch began his work with National Motor Club of America, Inc. Then on May 2, 1996, unfortunately, he had a motor vehicular accident while on the job -traveling to Corinth, Mississippi. Near Booneville, a truck ran in front of him, and he accidentally drove into the side of the truck. Mr. Upchurch was injured and was treated at the emergency room of the hospital in Booneville. Then a personal friend referred him to Dr. James M. Durdin, a chiropractor in Tupelo, for treatment. According to Mr. Upchurch, he thought he had broken ribs. Dr. Durdin told him the ribs were not broken but dislocated. Mr. Upchurch testified that he received great relief from Dr. Durdin's treatment.
Subsequently, in August and October 1996, Mr. Upchurch saw Dr. Donna Harrington, neurologist in Tupelo, and she referred him to Dr. Luther Stumme, another neurologist in Tupelo who has since moved from the area, however. Mr. Upchurch saw Dr. Stumme in October and November 1996.
Dr. Stumme recommended a work-hardening program, and he subsequently referred Mr. Upchurch to Dr. Howard Holaday, a neurosurgeon in Tupelo who has now also left the Tupelo area for practice in Jackson. Mr. Upchurch saw Dr. Holaday a few times, and Dr. Holaday referred him to Dr. Walter Eckman, another neurosurgeon in Tupelo, who prescribed a work-hardening program for Mr. Upchurch at his Aurora Spine Center. Mr. Upchurch completed that program in January 1997. He remarked that his pain was worse after the work-hardening program than before.
The next medical treatment Mr. Upchurch received was from Dr. Durdin in the spring of 1998. He also saw Dr. Thomas Windham, neurosurgeon in Oxford, in late 1998 and in the spring and summer of 1999.
During the time Mr. Upchurch was off work after the accident of May 2, 1996, some of his National Motor Club of America members canceled their memberships. This caused an indebtedness of about $832.00 from Mr. Upchurch to the National Motor Club of America, because of the withdrawal of advanced commissions. He said he did not receive residual income while off and receiving temporary total disability benefits. Mr. Upchurch testified that he went back to work for the National Motor Club in February 1997, he had to work without net wages. He realized this after about three weeks and decided he could not continue to work without pay.
After Mr. Upchurch left that employer, he looked for other work. He answered an ad and was employed to sell ads for a newspaper. He earned about $250.00 a week. He testified that during this time the condition of his upper and lower back caused him constant pain, especially when twisting to get in and out of the car.
In May 1997, after Dr. Eckman released him, Mr. Upchurch went back to see his chiropractor, Dr. Durdin. He thought it was all right to continue seeing Dr. Durdin', and he saw him until he saw Dr. Thomas Windham, neurosurgeon in Oxford, in September 1998. Mr. Upchurch said that he had blurred vision and problems with his upper and lower back and that even walking gave him difficulty.
Also in May 1997, Mr. Upchurch put in an application with American General National Insurance Company.. He was hired, and he continues to work there at present. He sells and services life insurance and health insurance clients. He has a customer base of many clients. He said he must do a lot of driving and climbing in and out of the car to visit clients. His 1999 tax return indicates he earned gross annual wages of $23,190.43 from American General, or $445.97 per week. In 1998, he earned, gross annual wages of $24,607.87, or $473.23 a week.
Mr. Upchurch said American General is a very aggressive company, however, and recently he has been having difficulty meeting the minimum standards of the company. He is currently on probation.
Mr. Upchurch testified he has the same pain now that he has had since the accident.
He said Dr. Windham's nerve block gave him about three weeks of pain relief. He has otherwise not been pain free since the accident, although he had some relief, apparently temporary, after each treatment by Dr. Durdin.
According to Mr. Upchurch, he has not suffered any other accidents that would have caused pain in his back. He said he cannot work many hours per week because of the severe pain in his lower back and shooting down to his legs and feet, and he has difficulty sleeping. He takes Advil and Tylenol.
In 1999, Mr. Upchurch tried to see Dr. Windham again, but the carrier would not authorize the treatment. He would like to go back to see Dr. Windham for more treatment.
Patricia Ann Upchurch came to the hearing to testify in her husband's behalf The parties stipulated, however, that she would offer testimony that would be cumulative and corroborative of that offered by the claimant.
Delano Riels testified for the employer and carrier that he is a resident of Petal, Mississippi. He works as a regional sales manager for National Motor Club of America. He has been with the company since March of 1994, and he worked with Bobby Upchurch when Mr. Upchurch worked for the company. Mr. Riels supervised Mr. Upchurch directly.
Mr. Riels said Mr. Upchurch was a good salesman but he did not accept some of the company's decisions and instructions very well. When Mr. Upchurch first went to work for National Motor Club of America, he said he did not want to work full time. Mr. Riels told Mr. Upchurch he had to have full-time people, and Mr. Upchurch called the national office to say he did not want to go to work for Mr. Riels because of the full-time requirement. According to Mr. Riels, Mr. Upchurch indicated after the accident that he would come back to work for the company in February 1997 but he worked only a few weeks. Mr. Upchurch went back to the same job free to make as many sales as he could. The company did not put any pressure on Mr. Upchurch regarding numbers of sales.
Mr. Riels became aware that Mr. Upchurch quit in the spring of 1997. Mr. Upchurch told Mr. Riels his wife had opened up a garage-sale type of business in the yard and he was going to be helping her with that. Mr. Riels said he thought Mr. Upchurch Just did not want to continue with the company. He did not think Mr. Upchurch was treated any differently from any other employee of the company. Mr. Riels said he wanted all the sales people he could get, and he never told Mr. Upchurch he would have to work for free.
Mr. Riels testified that some of Mr. Upchurch's accounts canceled while he was off work because of the work injury but he did not know how many. He did not think it was all of his accounts. He said when a claimant is off work receiving workers' compensation benefits, the company does not pay residual commissions.
Dennis Nietenhoefer testified for the employer and carrier that he lives in South Lake, Texas. He is vice president of sales for National Motor Club of America. He said Mr. Upchurch was not fired from the company, not required to work for free, and not forced out from his sales job. At the time of the accident, Mr. Nietenhoefer was a division manager and he was aware of Mr. Upchurch's work-related automobile accident. Mr. Nietenhoefer said the accounts that canceled caused Mr. Upchurch to be on probation status.
According to Mr. Nietenhoefer, when Mr. Upchurch was with the company, a policy was sold to a man and wife for $10.00 a month. The company collected three months of premiums, or $30.00, and paid $42.00 in advance commission, 140% commission, to the salesman. After the twelfth month, the salesman received 10% of what the company received. There is also a commission reserve, where a salesman can build up a $500.00 reserve. Then when there is a cancellation, the canceled advance comes out of the commission reserve that the salesman has built up.
During the time that Mr. Upchurch was off work from May 1996 until February 1997, some of the accounts he sold were canceled. He was debited the part of the advance commission that he had not earned. When he returned to work, he had an accounts receivable balance of $832.00, the unearned portion of what he had written. Residual commissions were not paid to him because he was on workers' compensation and on probation, pursuant to company policy, but he received credit against his accounts receivable balance.
Mr. Upchurch returned to work February 5, 1997. Mr. Nietenhoefer said that if he had notified the company, the company could have worked out the problem over the accounts receivable. Mr. Nietenhoefer said the accounts receivable balance was low and Mr. Upchurch could have worked out of it very quickly.
The medical records of Dr. Donna Harrington of the Tupelo Neurology Clinic were received into evidence. Dr. Harrington first saw Mr. Upchurch on August 27, 1996, and he complained of back and neck pain, stiffness in his joints while walking, loss of sensation in the right lower portion of his face and left upper thigh, and blurred vision with increased flutters. Mr. Upchurch told Dr. Harrington he "had chiropractor manipulations three times per week with minimal relief of his discomfort." (Exhibit 6, p. 4). She diagnosed headaches, and neck and low back pain of unclear etiology. She also diagnosed long-standing nystagmus,1 which his mother also had, and dysesthesias2 in the face and leg. She ordered an MRI of the head to rule out a brain stem lesion.
Dr. Harrington saw Mr. Upchurch again on October 7, 1996, for complaints of neck and back pain and problems with a nerve on the right side of his face and blurring of vision. Dr. Harrington diagnosed:
2) Visual changes. Questionable etiology.
3) Dysesthesias involving right side of the face, Possible trigeminal nerve involvement though there is no evidence of an infarct by MRI of the head.
The medical records of Dr. Luther Paul Stumme at the North Mississippi Neurology Clinic in Tupelo were received into evidence. Dr. Stumme examined Bobby Upchurch on October 23, 1996, for chief complaints of neck and back pain with right facial numbness. Mr. Upchurch also complained of sensation loss in the right side of his face. Dr. Stumme diagnosed cervical lumbosacral spine strain, traumatic, with some superimposed degenerative arthritis, and right sensory fifth nerve neuropathy. He noted Mr. Upchurch had congenital nystagmus.
Dr. Stumme ordered an MRI of the lumbosacral and cervical areas of Mr. Upchurch's spine. The MRI suggested there was a slight area of impingement at the L1 level of the lower back. Dr. Stumme recommended six weeks of physical therapy at North Mississippi Medical Center, which Mr. Upchurch attended until the workers' compensation carrier withdrew its authorization.
Dr. Stumme saw Mr. Upchurch again on November 25,1996, when Mr. Upchurch reported some improvement after therapy. Dr. Stumme wanted Mr. Upchurch to see a neurosurgeon since he bad continuing symptoms of pain in his left leg. He said if there were no need for neurosurgical intervention, Mr. Upchurch would have reached maximum medical improvement with no permanent impairment.
The medical records of Dr. Howard Holaday at the Tupelo Neurosurgery Clinic were received into evidence. Dr. Holaday saw Bobby Upchurch on November 27, 1996, for a neurosurgical consultation at the request of Dr. Luther Stumme. Mr. Upchurch complained of neck and low back pain with pain going into the left leg. Mr. Upchurch told Dr. Holaday his neck pain resolved after chiropractic treatment.
Dr. Holaday noted an MRI of the cervical spine dated October 3 0, 1996, showed mild degenerative changes but no evidence of herniated disc or significant neural impingement. Dr. Holaday reviewed an MRI scan of the lumbar spine dated October 30, 1996, that showed degenerative changes at multiple levels with no evidence of herniated disc or significant neural impingement. The MRI scan of the head dated August 29, 1996, showed no intracranial lesions. Dr. Holaday diagnosed:
2. No objective evidence of radiculopathy on current exam.
3. Degenerative changes at multiple levels of the lumbar spine on lumbar spine MRI none of which appear to produce significant neural impingement on the exiting nerve roots on the left side.
Dr. Holaday saw Mr. Upchurch again on December 11, 1996, for complaints of chronic intermittent low back pain and occasional radiation of the pain into the left leg. Dr. Holaday said the MRI scan showed degenerative changes but not significant neural impingement. He thought surgery was not necessary. Dr. Holaday recommended an exercise program and referred Mr. Upchurch to Dr. Eckman for that.
The medical records of Dr. Walter Eckman were received into evidence. Dr. Eckman examined Mr. Upchurch on December 20, 1996, at the referral of Dr. Howard Holaday, for complaints of neck and low back pain. Mr. Upchurch told Dr. Eckman he had seen "Dr. Durdin, a chiropractor, with slight relief (Exhibit 3, p. 8). Dr. Eckman reviewed the MRI scans and diagnosed low back and neck pain. He recommended a four-week exercise program at his Aurora Spine Center. The records of Mona Phillips, physical therapy, are included in Dr. Eckman's medical records.
On January 31, 1997, Dr. Eckman noted Mr. Upchurch did a good job participating in the exercise program. He said Mr. Upchurch had excellent flexibility and good strength in his legs. Mr. Upchurch told Dr. Eckman he was anxious to go back to work, and Dr. Eckman released him without restrictions or limitations on February 3, 1997.
Mr. Upchurch came back to see Dr. Eckman on March 4, 1997, however, but Dr. Eckman was in surgery and his office made an appointment for the next day. On the next day, Mr. Upchurch called in and said he could not make the appointment due to sickness., Mr. Upchurch did not show for an eight-week follow-up appointment on March 31, 1997. He canceled a May 15, 1997, appointment.
The medical records of Dr. Thomas Windham, neurosurgeon in Oxford, were received into evidence. Dr. Windham examined Bobby Upchurch first on September 30, 1998, for complaints of low back and neck pain. Mr. Upchurch told Dr. Windham he was having two chiropractic treatments a week. He also said he thought his pain was worse than ever. Dr. Windham examined Mr. Upchurch and diagnosed chronic lumbar sprain. He ordered a follow-up MRI scan.
Dr. Windham saw Mr. Upchurch again on November 5,1998, and April 27,1999, noting "Exam unremarkable." He ordered epidural blocks. On June 21, 1999, Dr. Windham saw Mr. Upchurch and noted that he "Returns well. Completed his epidural blocks. No pain. Back at work part-time. Call back in one month." (Exhibit 5, p. 3).
Dr. James Michael Durdin, chiropractor in Tupelo, testified by deposition dated September 14, 1998, that he first saw Bobby Upchurch on May 3, 1996, for complaints of low back and neck pain and right leg pain resulting from an automobile accident the day before. Dr. Durdin reviewed an MRI evaluation of the cervical spine that showed degenerative changes in the joints of the cervical spine, some spondylitic bony outgrowth and mild bulging of the disc material at the C5-C6 and C6-C7 levels of the neck. He noted a significant disc bulge in the lumbar area at the L5-S1 level on an MRI of the lumbar spine, Upon x-ray examination, Dr. Durdin thought there was a flattening of the cervical spine creating improper alignment of the cervical vertebra which could interfere with the nerve roots and cause cervical spine damage. Looking at x-rays of the lumbar spine, Dr. Durdin testified that he thought there were misalignments of the vertebrae and significant nerve impingement. Dr. Durdin diagnosed a mild lumbar spinal misalignment stress deviation, or a lumbar sprain/strain, and mild cervical spinal misalignment stress deviation, or cervical sprain/strain;
Dr. Durdin performed treatment to decrease Mr. Upchurch's pain, increase his range of motion and mobility and strength. Dr. Durdin began his treatment on a daily basis, beginning May 3, 1996, for two weeks, then three times a week beginning May 17, 1996. Dr. Durdin continued to see Mr. Upchurch until October 1,1997, when the insurance company called Dr. Durdin because he "had Mr. Upchurch fairly stable at that time." (Exhibit 2, p. 11). His bills were paid in full under the guidelines of the Commission's Medical Fee Schedule from May 3, 1996, until October 1, 1997. Then the carrier wanted Mr. Upchurch evaluated or treated by a neurosurgeon.
Mr. Upchurch returned to see Dr. Durdin again on May 4, 1998, for stabbing pains across his pelvis and in his low back, down his left leg into the foot, numbness on the right side of the face, cramping pains in his spine and in his shoulder, elbow, wrist, knee, and ankle joints. Dr. Durdin found Mr. Upchurch to be in worse shape than when he had first seen him, noting Mr. Upchurch had just completed Dr. Eckman's work-hardening program.
Dr. Durdin started treatments again and continued to treat him even through the date of the deposition, September 14, 1998. Dr. Durdin said that without chiropractic treatment, Mr. Upchurch's condition would deteriorate. He did not specifically assign a date of maximum medical improvement but indicated he might reach it in six more months of treatment. He also said, however, that he thought Mr. Upchurch would have been temporarily totally disabled approximately ninety days. Dr. Durdin assigned a permanent impairment of 20% to 30% to the body as a whole unless he received further chiropractic treatment, then his impairment rating might go down to 5% to 10%. He suggested restrictions of not more than 25 pounds of lifting on a daily basis, or 50 pounds on very rare occasions. He said Mr. Upchurch should not do repetitive bending or twisting.
When asked about his bills for treatment rendered after October 1, 1997, Dr. Durdin responded as follows:
After carefully considering the pleadings, pretrial statements, stipulations, lay and medical evidence, the demeanor of the witnesses at the hearing, and the applicable law, the Administrative Judge finds as follows:
1. The claimant Bobby Upchurch, received an admittedly compensable, work-related injury to his upper and lower back on May 2, 1996.
2. Apparently any neck problems Mr. Upchurch experienced resolved with treatment. The medical records do not offer support of causal connection between his complaints of facial nerve and/or vision problems, and Mr. Upchurch is not making any claim for workers' compensation benefits related to the face and vision problems.
3. The average weekly wage of the claimant on May 2, 1996, was $524.00, as stipulated by the parties.
4. Because of the work injury, the claimant was temporarily totally disabled from May 2, 1996, until February 3, 1997, when Dr. Eckman released him. He had an additional period of temporary total disability while undergoing epidural blocks prescribed by Dr. Windham in April, May and/or June 1999.
5. The weight of the medical evidence does not support Mr. Upchurch's complaints of occupational disability and loss of wage-earning capacity. He could still be working for National Motor Club of America if he had wanted to continue for the company. His long discourse about "working for free" is not understandable in light of the fact that he had only an accounts receivable balance of $832.00 to overcome. When he first started for the company, he must have worked for no wages or very low wages until he had a base of commissions built up and coming in regularly. What happened about cancellations while he was off work recuperating from the work accident should not have been a surprise to him, although it was unfortunate, and it surely would not have taken that long to build his commission up again so that he would have a weekly wage of $524.00 or more as he did at the time of the accident, which occurred only three months after he had started work for the company. His testimony indicated that he apparently did not understand the company policies and just got mad and quit. There was no medical reason for him to leave that job.
Mr. Upchurch saw two neurologists and three neurosurgeons, and none of them has said he is permanently disabled or has work restrictions. Dr. Durdin, the chiropractor, is the only medical provider who has offered an opinion that Mr. Upchurch has a permanent disability. But when compared to the findings of the two neurologists and three neurosurgeons who have examined and treated Mr. Upchurch, Dr. Durdin's testimony seems almost foolish - anything but credible. And how believable is a chiropractor who would keep treating and charging more than $17,000.00 for treatment for a patient who testifies that he has the same pain now as right after the accident in May 1996? Mr. Upchurch told one or more of the specialists who examined him that he received only minimal relief from Dr. Durdin's treatments. In view of the records of the neurologists and neurosurgeons, one has to wonder if Dr. Durdin was not simply making an effort to Justify his enormous bill.
It is also very important to note that Mr. Upchurch has a better than average education. He has a high school diploma, credits at Bible College, and a license to sell insurance. He is attractive and businesslike in his appearance, and he is extremely articulate. He has always done light or sedentary work, never manual labor of a medium or heavy nature. He has been able to find employment with ease, and he is currently working and earning nearly as much as he wa's earning at National Motor Club of America and apparently only working part-time. Whether he is experiencing -aches and pains from a degenerative condition caused by age or the wear and tear of life, the medical records would indicate he is not suffering significantly in an occupational sense.
6. It is reasonable for Mr. Upchurch to consult Dr. Thomas Windham for medical treatment, and the employer and carrier will be responsible for Dr. Windham's medical charges if the treatment is related to this work injury.
7. The employer and carrier have paid Dr. Durdin approximately $11,238.29 for authorized chiropractic services. Dr. Durdin did additional chiropractic treatment that was not authorized, and he has charged $5,287.14 for that treatment rendered since he was informed the carrier would not authorize any additional treatment. The Commission Medical informed the carrier would not authorize any additional treatment. The Commission Medical Fee Schedule governs all treatment rendered a workers' compensation claimant, and the Fee Schedule requires that after thirty days or fifteen sessions of chiropractic treatment, whichever comes first, all chiropractic treatment must be authorized if the provider wishes to receive payment from the carrier. Dr. Durdin has received payment for all the authorized treatment, which far exceeds the minimum standards of the Fee Schedule.
Mr. Upchurch testified on the one hand that he received great relief from Dr. Durdin's treatment, but on the other hand he has testified that he still has the same pain that he had immediately following the automobile accident. He told Dr. Harrington that he received minimal relief from pain following treatment by Dr. Durdin; he told Dr. Eckman he had slight relief. In view of this and -the medical evidence from the various neurosurgeons and neurologists in this matter, Dr. Durdin's treatment seems extraordinarily excessive and unreasonable after October 1, 1997. All the treatment rendered by him after October 1, 1997, was not required by the nature of the work injury.
The Medical Fee Schedule has been in effect since
August 1, 1993, and Dr. Durdin rendered the unauthorized treatment at his
own risk. If Dr. Durdin wishes to recover the $5,287.14 he claims he is
owed for services rendered Mr. Upchurch, there are avenues of recourse
set out in the Medical Fee Schedule and Commission General Rule 12.
IT IS THEREFORE ORDERED that the employer and carrier pay workers' compensation benefits to the claimant as follows:
1. Temporary total disability benefits at the rate of $264.55 per week beginning May 2,1996, and continuing until February 3,1997, and again during the time Mr. Upchurch was undergoing epidural blocks at the order of Dr. Windham, with credit for any such payments already made by the employer or carrier or for wages earned by the claimant during this time;
2. Penalties and interest on all due and unpaid compensation benefits;
3. Provide medical services and supplies as required by the nature of the claimant's injury and the process of his recovery therefrom pursuant to Mississippi Code Annotated §71-3-15 (1995), General Rule 12, and the Medical Fee, Schedule.
SO ORDERED, this the 5th day of April, 2000.
LINDA A. THOMPSON
ADMINISTRATIVE JUDGE
ATTEST:
Brenda H. Goolsby, Secretary
___________________________
1. Defined by the On-line Medical Dictionary as "involuntary, rapid, rhythmic movement of the eyeball, which may be horizontal, vertical, rotatory or mixed. . . ."
2. Defined by the On-line medical Dictionary as "unpleasant abnormal sensation, whether spontaneous or evoked."