RANDY SHELTON v. JOSEPH CONSTRUCTION COMPANY ET AL. - Articles

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Posted by: Tanja Trezise on Jun 4, 2015

Court: TN Workers Comp Appeals

Attorneys 1:

John P. Dreiser, Knoxville, Tennessee, for the appellant, Randy Shelton.

Attorneys 2: D. Andrew Saulters, Nashville, Tennessee, for the appellees, Joseph Construction Co. and Associated Builders and Contractors Workers’ Compensation Insurance Fund.

Judge(s): BIVINS

The employee injured his back while performing heavy lifting at work. His workers’ compensation claim was settled with open medical benefits. Several years later, the employee’s authorized physician recommended a surgical procedure. The employer’s utilization review provider declined to approve the procedure, and the Department of Labor (“DOL”) sustained the denial. The employee then brought this action to compel the employer to provide the surgery. The trial court applied the Uniform Administrative Procedures Act (“UAPA”), pursuant to Tennessee Code Annotated section 4-5-101 et seq. (2005), and upheld the decision of the DOL. The employee has appealed. The appeal was referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Upon our review of the record and the applicable law, we reverse the judgment of the trial court.

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