TWCA Reviews a Motion to Compel an Employer to Provide Medical Treatment where the Settlement included a Waiver of the Right to Future Treatment

ANNE MARIE SMITH v. INTEX ENTERPRISES, LLC (TWCA March 3, 2011)

The employee filed a motion to compel her employer to provide medical treatment pursuant to a court-approved settlement concerning a claim for an injury sustained in 2002. Her employer opposed the motion, contending that any medical treatment sought by the employee was due to a separate injury sustained in 2004. In the settlement of the 2004 claim, the employee had waived her right to future medical treatment. The trial court granted the employee's motion, and her employer has appealed. We conclude that the employee's claim for medical treatment is not ripe for judicial resolution, and vacate the trial court's order.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/smitha_030711.pdf