Mark A. Simon
Mayfield v. McKesson Corp., W. C. No. 4-521-486 (2003).
Of the many benefits that clients receive when they hire Mr. Simon, perhaps the most valuable is Mr. Simon’s ability to guide his clients to the correct medical care. This benefit paid dividends for Mr. Simon’s client, Tracy Mayfield.
Roughly one year after sustaining an admitted injury, Ms. Mayfield’s employer, McKesson Corporation (McKesson), filed a Final Admission of Liability for medical benefits. However, Ms. Mayfield made it clear to Mr. Simon that she had not fully recovered from her injury, and required more medical attention. Mr. Simon understood this need, and directed Ms. Mayfield to a Division-sponsored independent medical examination (DIME), where the physician found Ms. Mayfield was not at maximum medical improvement.
At hearing, the administrative law judge (ALJ) found that the DIME physician’s opinion was not overcome by evidence provided by McKesson and ordered that McKesson pay for "all reasonably necessary and causally related medical care andf [sic] treatment by the authorized treating physician and his referrals." McKesson timely appealed the order of the ALJ to the Industrial Claim Appeals Office (the Panel).
On review, the Panel found that the ALJ’s order did not specify any particular medical benefit or treatment. Therefore, the Panel determined that the ALJ’s order was interlocutory and therefore not subject to review. McKesson’s petition was then dismissed by the Panel without prejudice.
Mr. Simon allowed Ms. Mayfield to continue to receive the medical benefits which she needed by understanding the workers’ compensation system. Without directing Ms. Mayfield toward the DIME exam, Ms. Mayfield’s medical care would likely have ended before she was actually at maximum medical improvement.