GARY MANSELL v. SOUTHEAST PERSONNEL LEASING, INC., ET AL. - Articles

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GARY MANSELL v. SOUTHEAST PERSONNEL LEASING, INC., ET AL.

Posted by: Azya Thornton on Mar 12, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Terri L. Bernal, Nashville, Tennessee, for the employer-appellant, Southeast Personnel Leasing, Inc.

Attorneys 2: Monica Rejaei, Memphis, Tennessee, for the employee-appellee, Gary Mansell.

Judge(s): WEAVER

In this interlocutory appeal, the employer contends the trial court erred by ordering the payment of temporary benefits following the treating physician’s determination the employee had reached maximum medical improvement. The employee suffered an injury to his back for which he received authorized medical care for several months before his treating physician placed him at maximum medical improvement and assigned an impairment rating. Several months later, the employee advised his authorized physician that his back pain had returned. His physician provided additional medical treatment before referring him to a neurosurgeon. The employer briefly reinstated temporary disability benefits before ceasing the payments and denying the referral to the neurosurgeon, arguing it constituted a “second opinion” that the employer had no legal obligation to provide. Following an expedited hearing, the trial court determined the employee was entitled to the requested temporary disability and medical benefits. The employer has appealed. Upon careful consideration of the record, we reverse the order compelling the payment of additional temporary benefits, affirm the order in all other respects, and remand the case.

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