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

TWCA Reviews Whether the Trial Court had Jurisdiction to Compel Employer to Authorize a Medical Procedure

RICKY L. MAYES v. PEEBLES, INC. (TWCA August 23, 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.

Ricky Mayes ("Employee") sustained a compensable injury to his spine. His claim against Peebles, Inc. ("Employer") was settled in accordance with the workers' compensation statute. His authorized treating physician subsequently recommended a surgical procedure. Employer's medical utilization review provider declined to approve the procedure.

After an initial administrative appeal was denied, Employee filed a motion in the trial court, seeking to compel Employer to authorize the procedure. The trial court granted the motion, and awarded attorney's fees to Employee. On appeal, Employer argues that the trial court did not have jurisdiction, because Employee did not exhaust his administrative appeals, and that the trial court erred by awarding attorney's fees. We affirm the judgment.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/mayesr_082310.pdf

TWCA Reviews Whether Treatment Ordered Post-Judgment was Related to Employee’s Work Injury

JOHN FREEMAN v. GENERAL MOTORS CORPORATION (TWCA August 18, 2010)

The trial court granted the employee's post-judgment motion to compel his employer to provide certain medical treatment. The employer has appealed, contending that the trial court erred by finding that the proposed treatment was related to the work injury. We affirm the judgment.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/freemanj_081810.pdf