Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Schofield v. Great Atlantic & Pacific Tea Co.

Filed: November 6, 1979.

PAUL B. SCHOFIELD
v.
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., SELF-INSURER



Appeal by defendant from order of North Carolina Industrial Commission entered 8 December 1978. Heard in the Court of Appeals 16 October 1979.

Hill, Judge. Judge Erwin concurs. Judge Vaughn dissents.

Hill

The issues raised by the defendant appellant for our determination are:

1. Was the treatment received by the appellee of an emergency nature?

2. Was notice to and approval of the Commission and the defendant required prior to plaintiff's treatment by Dr. Klenner?

3. When an employer notifies an employee of its refusal to pay medical costs incurred after a certain date and continues to appeal award decisions covering liability for surgical procedures made by the Industrial Commission favorable to the employee, is the matter temporarily removed from the jurisdiction of the Industrial Commission?

The answer to the first and third questions is in the affirmative. The second question is answered in the negative.

G.S. 97-25 provides that:

If in an emergency on account of the employer's failure to provide the medical or other care as herein specified a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service shall be paid by the employer if so ordered by the Industrial Commission: Provided, however, if he so desires, an injured employee may select a physician of his own choosing to attend, prescribe, and assume the care and charge of his case, subject to the approval of the Industrial commission.

The defendant contends that an emergency does not exist over a 17-month period. G.S. 97-25 does not define an emergency. What may be an emergency under one set of circumstances may not qualify as such under another.

Look at the record in this case:

1. Plaintiff was in Reidsville, and the physician and surgeon who had been treating ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.