Wednesday, August 31, 2011

TWCA reviews employee's motion to compel medical treatment

PAUL E. KENNEDY v. LAKEWAY AUTO SALES, INC. (TWCA August 31, 2011)

When the employer refused to provide another panel of physicians following the employee's negative drug screen result, the employee filed a motion to compel medical treatment. The trial court ordered the employer to provide a panel of three doctors for pain treatment and granted the employee's request for attorney's fees. The Supreme Court referred the employer's appeal to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e)(3) (2008) and Tennessee Supreme Court Rule 51. The judgment of the trial court is affirmed and the cause is remanded for modification of the trial court's order.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/kennedyp_083111.pdf

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