KIMBERLY GRIMES v. YRC, INC., ET AL. - Articles

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KIMBERLY GRIMES v. YRC, INC., ET AL.

Posted by: Karen Belcher on Feb 16, 2021

Court: TN Workers Comp Appeals Board

Attorneys 1: Samuel Morris, Memphis, Tennessee, for the employee-appellant, Kimberly Grimes

Attorneys 2: Stephen K. Heard, Nashville, Tennessee, for the employer-appellee, YRC, Inc.

Judge(s): GODKIN

The employee suffered compensable injuries to her right shoulder, and the employer initiated workers’ compensation benefits for those injuries, including the surgical repair of the employee’s rotator cuff and biceps tendon. The employee’s treating physician subsequently recommended a shoulder replacement due to the employee’s preexisting osteoarthritis, but the employer declined to pay for the shoulder replacement. After an expedited hearing, the trial court denied the employee’s request that the employer be compelled to pay for the shoulder replacement, finding the employee had not established that she would likely prevail at trial in proving the need for shoulder replacement surgery was reasonable and necessary treatment causally related to her workplace injury. The employee has appealed. After careful consideration, we affirm the trial court’s order denying the requested medical benefits and remand the case.

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