JOSHUA FREEMAN v. CERTIFIED MAINTENANCE SERVICE, INC., ET AL. - Articles

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JOSHUA FREEMAN v. CERTIFIED MAINTENANCE SERVICE, INC., ET AL.

Posted by: Karen Belcher on Mar 29, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Joshua A. Freeman, Murfreesboro, Tennessee, employee-appellant, pro se.

Attorneys 2: Cole B. Stinson, Knoxville, Tennessee, for the employer-appellee, Certified Maintenance Service, Inc.

Judge(s): WEAVER

The employee reported back pain after moving several large tables at work. The employer provided a panel of physicians, and the selected provider referred the employee to an orthopedic specialist. The orthopedist referred the employee to a physiatrist, who released the employee at maximum medical improvement, assigned a permanent impairment rating, and referred him to a chiropractor and a neurologist due to ongoing symptoms. The neurologist placed the employee at maximum medical improvement, assigned a permanent impairment rating, and testified that further medical treatment was not primarily related to the work injury. The employee sought additional medical benefits. The trial court denied the request, determining that the employee had not produced sufficient evidence that he was likely to prove an entitlement to the benefits being sought. The employee has appealed. After careful review of the record, we affirm the part of the trial court’s decision addressing the employee’s request to see a specific doctor, and we remand the case for the trial court to consider whether the employee is entitled to an appointment with an orthopedic physician. Judge Meredith B. Weaver

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