MESHIA TATE v. DARYL DONEY D/B/A MIDDLE TENNESSEE RESPIRATORY, ET AL. - Articles

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MESHIA TATE v. DARYL DONEY D/B/A MIDDLE TENNESSEE RESPIRATORY, ET AL.

Posted by: Tanja Trezise on Feb 23, 2021

Court: TN Workers Comp Appeals Board

Attorneys 1: Richard R. Clark, Jr., and Lauren Ray Hall, Nashville, Tennessee, for the employer-appellant, Daryl Doney d/b/a Middle Tennessee Respiratory

Attorneys 2: Benjamin Newman, McMinnville, Tennessee, for the employee-appellee, Meshia Tate

Judge(s): HENSLEY

The employee suffered work-related injuries to her left wrist when she fell from a stepladder, requiring emergency surgery. The employer provided ongoing medical treatment with the physician who performed the emergency surgery. After returning to work, the employee complained of right knee pain and swelling. An MRI revealed meniscal tears that the authorized doctor said were caused by the employee’s fall. The employee underwent knee surgery but continued to experience symptoms with her knee. The authorized doctor placed the employee at maximum medical improvement and returned her to work, stating arthritis and other changes in her knee seen during surgery were degenerative and not work-related. Without advising the employer, the employee sought further treatment for her wrist and knee with an unauthorized doctor who recommended a referral to a wrist specialist and a second arthroscopic knee surgery for a meniscal tear seen in a more recent MRI. The employee requested a hearing in which she sought to replace her authorized doctor with the physician from whom she sought unauthorized treatment and to obtain the additional treatment he recommended. Following an expedited hearing, the trial court accepted the causation opinion of the physician selected by the employee, concluding the employee would likely prevail at trial in establishing that the meniscal tear seen in the more recent MRI arose out of her employment. Further, the court determined that the authorized doctor failed to treat the employee’s ongoing symptoms and that this failure justified a change in the treating physician. The employer has appealed. We reverse the trial court’s decision and remand the case.

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