JUDY McCLENDON v. FOOD LION, LLC - Articles

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JUDY McCLENDON v. FOOD LION, LLC

Posted by: Tanja Trezise on Jul 11, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Nicholas S. Akins and J. Allen Callison, Nashville, Tennessee, for the appellant, Food Lion, LLC.

Attorneys 2:

Ronald J. Berke, Chattanooga, Tennessee, for the appellee, Judy McClendon.

Judge(s): BLACKWOOD

Employee settled her workers’ compensation claim in 1997, with her employer agreeing to provide future medical benefits. Her authorized treating physician later retired, and in November 2007, the employee selected a new physician from a panel provided by her employer. The new physician recommended a home exercise program, which the employee believed was not adequate treatment. She filed a petition requesting a new panel of physicians. Her employer opposed the petition, contending that it had provided treatment in accordance with the law and the terms of the settlement. The trial court ordered the employer to provide a panel of orthopaedic surgeons to evaluate the employee’s current need for treatment. The employer has appealed, and the 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court and remand for further proceedings.

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