Wednesday, August 11, 2010

TWCA Reviews Whether Employer was Properly Ordered to Provide Employee’s Medications

JOHN CRUMBY, JR. v. RURAL/METRO CORPORATION OF TENNESSEE (TWCA August 11, 2010)

Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. In 2001, the trial court found that Employee's coronary artery disease had been advanced by his employment. Medical benefits were awarded in accordance with the workers' compensation law. In 2007, a dispute arose between Employee and Employer as to whether certain medications and tests were related to the work injury. Employee filed a motion to compel Employer to provide the medications under the 2001 judgment. The trial court granted the motion, and ordered Employer to provide all of the medications at issue. On appeal, we conclude that the trial court erred by requiring Employer to provide medications for Employee's diabetes. We otherwise affirm the order.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/crumbyj_081110

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