WAYNE TIMOTHY NEWELL v. METRO CARPETS, LLC, ET AL. - Articles

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Posted by: Landry Butler on Sep 28, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Michael L. Haynie, Nashville, Tennessee, for the employer-appellant, Metro Carpets, LLC.

Attorneys 2:

Julie Reasonover, Nashville, Tennessee, for the employee-appellee, Wayne Timothy Newell.

Judge(s): CONNER

In this interlocutory appeal, the employee’s authorized treating physician declined to offer further treatment for the employee’s shoulder and knee conditions. The employer asserted it was no longer responsible for providing medical benefits because the employee misrepresented his pre-existing knee condition to the authorized treating physician and because the employee sabotaged his relationship with the physician. The trial court ordered the employer to add another physician to the original panel or provide a new panel of orthopedic physicians for the employee to select a new treating physician for his compensable shoulder condition. The employer has appealed. We affirm the trial court’s determination and remand the case for any further proceedings that may be necessary.

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