TWCA reviews whether an employer's motion for a medical examination is reasonable

PEFFERY IRONS v. K & K TRUCKING, INC. ET AL. (TWCA July 14, 2011)


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. The employee sustained an injury which resulted in a court-approved workers' compensation settlement. His authorized physician later recommended medical treatment. The employer's utilization review provider denied approval of the proposed treatment. The employer filed a motion for a medical examination pursuant to Tennessee Code Annotated section 50-6-204(d)(1) which is required if reasonable. The trial court found the employer's request to be unreasonable and denied the motion. The employer has appealed. We reverse the trial court's order and remand for entry of an order granting the motion. 


Opinion available at:

http://www.tba2.org/tba_files/TSC_WCP/2011/ironsj_071411.pdf