BOB WALLS v. UNITED TECHNOLOGIES CORP., ET AL. - Articles

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BOB WALLS v. UNITED TECHNOLOGIES CORP., ET AL.

Posted by: Tanja Trezise on Aug 6, 2021

Court: TN Workers Comp Appeals Board

Attorneys 1: D. Russell Thomas and Melinda Brown, Murfreesboro, Tennessee, for the employee-appellant/appellee, Bob Walls.

Attorneys 2: Kyle I. Cannon, Memphis, Tennessee, for the employer-appellee/appellant, United Technologies Corp.

Judge(s): CONNER

This case concerns a dispute over medical benefits sought by the employee pursuant to the terms of a court-approved settlement agreement. Two authorized physicians recommended the employee undergo left hip surgery. In response, the employer submitted the claim to its utilization review provider, and the reviewing physician recommended non-certification of the prescribed treatment. These recommendations were appealed to the Medical Director of the Bureau of Workers’ Compensation, who agreed with the non-certification recommendations. As a result, the employer denied the employee’s claim for additional medical treatment. Following a compensation hearing, the trial court concluded the employer did not rebut the presumption of medical necessity accorded the authorized physicians’ surgery recommendations and ordered the employer to authorize the prescribed medical treatment. However, the trial court declined to award the employee any attorney’s fees or expenses. The employer has appealed the court’s order for medical benefits, and the employee has appealed the court’s denial of attorney’s fees and expenses. We affirm in part and vacate in part the trial court’s order and remand the case.

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