MICHAEL LENTZ v. COCA-COLA CONSOLIDATED, INC., ET AL. - Articles

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Posted by: Tanja Trezise on Jul 19, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Garett P. Franklyn and Allison P. Tomey, Knoxville, Tennessee, for the employer-appellant, Coca-Cola Consolidated, Inc.

Attorneys 2: Christopher Kim Thompson, Nashville, Tennessee, for the employee-appellee, Michael S. Lentz

Judge(s): WEAVER

This is the employer’s appeal of a compensation order finding the employee’s claim compensable and awarding benefits. The employee alleged an injury to his right shoulder while unloading pallets and stocking two-liter soda bottles. The employer provided a panel of orthopedic specialists, which it asserted complied with Tennessee Code Annotated section 50-6-204(a)(3)(B), and it authorized certain medical treatment. The employer then declined to pay further benefits based on the opinion of the physician selected from that panel. The employee sought medical treatment on his own, including surgery, and that physician opined the injury was primarily caused by the work accident. The employer obtained an employer’s examination, and that physician agreed with the panel physician regarding medical causation. At trial, the court determined that none of the physicians’ causation opinions were entitled to a presumption of correctness and that the employee met his burden of proving that his injury and need for surgery arose primarily from the work accident. The court awarded temporary and permanent disability benefits and future medical care made reasonably necessary by the work accident. However, the court declined to award the employee his expenses for the unauthorized medical treatment, finding that no proof had been presented that those expenses were reasonable and necessary. The employer appealed. After careful consideration of the entire record and the arguments of counsel, we affirm the court’s determination that the injury was compensable and its award of temporary and permanent disability benefits and reasonable and necessary future medical care. We reverse the court’s denial of the stipulated medical expenses and modify the compensation order accordingly. We certify as final the modified compensation order.

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