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Posted by: Chandra Williams on Jun 30, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

Kenneth D. Veit, Nashville, Tennessee, for the appellants, Insurance Company of the State of Pennsylvania (NY), and Glen Springs Holdings, Inc.

Attorneys 2:

Steven C. Fifield and Larry R. McElhaney, II, Nashville, Tennessee, for the appellee, Craig Brueckheimer.

Judge(s): CANTRELL

Pursuant to Tennessee Supreme Court Rule 51, this appeal has been referred to the Special Workers? Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. In this pain management case, the employee received pain management treatment for more than ten years for a work-related injury pursuant to a judgment entered in November 2003. In April 2015, the employee?s treating physician advised him that he was retiring and moving to Florida, prompting the employee to contact his employer?s insurance carrier, who provided him with a panel of pain specialists two days later. The treating physician then made a referral to a different clinic to continue the employee?s treatment, so the employee declined to select a doctor from the panel while the insurance carrier declined to authorize the referred clinic. The employee filed a motion in the Circuit Court for Giles County, seeking to compel the insurance carrier to authorize treatment by the clinic. The trial court granted the motion and awarded attorney?s fees and travel expenses for a trip to Florida by the employee to see his previous physician. The insurance carrier has appealed, asserting that the trial court erred by granting the employee?s motion. We reverse in part and affirm in part the judgment of the trial court.