ALSTOM POWER, INC., v. SUE ANN HEAD, ADMINISTRATOR, TENNESSEE DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT, WORKERS' COMPENSATION DIVISION, et al. - Articles

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Posted by: Tanja Trezise on Feb 21, 2012

Court: TN Court of Appeals

Attorneys 1: Jeffrey L. Cleary and Michael A. Kent, Chattanooga, Tennessee, for the appellant, Alstom Power, Inc.

Attorneys 2: John Mark Griffin, Chattanooga, Tennessee, for the appellee, Patrick Dickson. Attorney 3: Robert E. Cooper, Jr., Attorney General and Reporter, William E. Young, Solicitor General, and Joshua Davis Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, The Tennessee Department of Labor and Workforce Development.

Judge(s): FRANKS

Plaintiff employer confronted with a worker's compensation claim by its employee filed an action for declaratory judgment, injunction relief, and a petition for certiorari against the Tennessee Department of Labor and Workforce Development and the employee. Plaintiff's principal contention was that the Department of Labor prepared an order for medical benefits directing the employer to provide the employee with additional panels of physicians from which he could choose for treatment, and concluded by averring that it was threatened with a $10,000 penalty if it did not comply. The Trial Court initially issued a restraining order, but the Trial Court ultimately concluded that it did not have jurisdiction over the issues because suit had been filed before the administrative review process was exhausted. Plaintiff appealed and we affirm the Judgment of the Trial Court, and remand.

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