MARTHA MCCOOL v. PROFESSIONAL CARE SERVICES, ET AL. - Articles

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Posted by: Azya Thornton on Nov 18, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Gregory H. Fuller and Brayden R. Hunter, Brentwood, Tennessee, for the employer, Professional Care Services.

Attorneys 2: Jonathan L. May, Memphis, Tennessee, for the employee, Martha McCool.

Judge(s): CONNER

In this compensation appeal, the employer challenges the trial court’s order requiring it to authorize a second opinion examination on the issue of surgery, and the employee challenges the trial court’s order denying her claim for attorney’s fees. The employee was injured when she was attacked by a patient in the employer’s parking lot in 2019, necessitating several surgeries. In 2023, the parties entered into a court-approved settlement agreement that left open the employee’s entitlement to reasonable and necessary future medical expenses as provided in the statute. In 2024, the employee’s authorized treating physician recommended additional reconstructive surgery, which the employer authorized. However, prior to agreeing to undergo this surgery, the employee asked for a second surgical opinion, which the employer declined to provide. The employee filed a petition asking the court to order the employer to authorize a second opinion examination and seeking an award of attorney’s fees. Following a hearing, the trial court ordered the employer to authorize the second opinion examination and determined the employee was entitled to attorney’s fees pursuant to Tennessee Code Annotated section 50-6- 226(d)(1)(B) but reserved ruling on the amount of any such award. The employer appealed that order. Before addressing the merits of the employer’s appeal, we vacated, in part, the trial court’s order and remanded the case for the court to consider and resolve all remaining issues, including the employee’s claim for attorney’s fees. Thereafter, the trial court issued an order denying the claim for attorney’s fees under section 50-6-226(d)(1)(A), which the employee appealed. Upon careful review of the record, relevant statutes, and arguments of counsel, we affirm the trial court’s orders in part, reverse them in part, modify them in part, and certify as final the modified orders for purposes of further appeal.

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