Kenneth Baker v. CCCC:

Kenneth Baker v. CCCC: Plaintiff sustained a compensable back injury in 2000.  Defendants accepted liability and paid medical and indemnity benefits.  Plaintiff returned to work for the Insured and Defendants made several attempts to pay Plaintiff for the rating.  Plaintiff refused to enter into a Form 21 agreement or clincher.  Defendants requested a Hearing to determine what permanent partial disability benefits were due.  Just weeks prior to the Hearing, Plaintiff informed Defendants that he had received additional treatment, including surgery, and would be asking the Commission to approve this unauthorized treatment.  Deputy Commissioner Gillen found Defendants rebutted the Parsons/Perez presumption and denied Plaintiff’s claim for medical compensation; Plaintiff’s recovery was limited to the rating.