STEPHEN BASSHAM v. LOWE’S HOME CENTERS, INC., ET AL. - Articles

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STEPHEN BASSHAM v. LOWE’S HOME CENTERS, INC., ET AL.

Posted by: Tanja Trezise on May 1, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Samuel McPeak, Johnson City, Tennessee, for the employee-appellant, Stephen Bassham

Attorneys 2: Allison Tomey, Knoxville, Tennessee, for the employer-appellee, Lowe’s Home Centers, Inc.

Judge(s): GODKIN

In this interlocutory appeal, the employee asserts the trial court erred in denying his request for a second medical opinion related to alleged bilateral wrist injuries. Specifically, the employee contends he injured his hands and wrists while installing steel shelving in the course and scope of his employment. The employer eventually authorized medical treatment, provided a panel of physicians, and approved a referral to a hand specialist. After one visit, the authorized specialist placed the employee at maximum medical improvement, assigned no permanent impairment, and opined that the employee’s condition was related to an underlying pre-existing condition. Thereafter, the employee asked to see another physician for treatment options. Following an expedited hearing, the trial court concluded that the employee was not entitled to a second opinion because his authorized treating physician did not recommend surgery or refer him for a second opinion. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

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