CHADDWICK EUBANK v. GEM TECHNOLOGIES, INC., ET AL. - Articles

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Posted by: Karen Belcher on May 28, 2024

Court: TN Workers Comp Appeals Board

Attorneys 1: J. Brent Moore, Nashville, Tennessee, for the employer-appellant, GEM Technologies, Inc.

Attorneys 2: Chaddwick Eubank, Knoxville, Tennessee, employee-appellee, pro se

Judge(s): WEAVER

In this interlocutory appeal, the employer appeals the trial court’s decision denying the employer’s motion to compel and concluding the employee will likely prevail at a hearing on the merits with respect to his claim for certain medical benefits. The employee alleged injuries to his back, left arm, and left knee due to a fall at work. After multiple emergency room visits and treatment with an unauthorized physician, the employer authorized the employee to treat with an occupational health facility. That provider referred the employee to an orthopedic physician, and the employer provided a panel; however, the employer declined to authorize an appointment once it received medical records from other providers. It then sought to compel discovery from the employee and his union. The trial court orally denied the motion to compel discovery from the union at the expedited hearing and found that the employee had met his burden of proof to support an order for certain medical benefits. As such, it ordered the employer to authorize an appointment with the panel-selected physician. The employer appealed. Following the filing of the notice of appeal, we remanded the case for the court to issue a written order addressing its rationale for denying the employer’s motion to compel production of records from the employee’s union. Thereafter, the trial court issued an order granting in part the employer’s motion, which is a different result than the court’s ruling at the expedited hearing. The case is now before us following that remand, and, upon review of the record, we conclude the court’s denial of the employer’s motion to compel is not properly before us. Further, we affirm the trial court’s order requiring the employer to authorize an appointment with the panel-selected orthopedic physician, and we remand the case.

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