MAE CRUMBLE v. EXPRESS EMPLOYMENT SERVICES, ET AL. - Articles

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Posted by: Landry Butler on Oct 12, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Gregory H. Fuller, Brentwood, Tennessee, for the employer-appellant, Express Employment Services.

Attorneys 2:

Edward L. Martindale, Jr., Jackson, Tennessee, for the employee-appellee, Mae Crumble.

Judge(s): HENSLEY

In this interlocutory appeal, the employer seeks a reversal of the trial court’s determination that the employee is entitled to a panel of orthopedic specialists. The employer provided a panel that included two walk-in medical facilities and an occupational medicine practitioner. After receipt of a medical opinion suggesting the employee’s complaints did not arise primarily out of the employment, the employer denied the claim. Following an expedited hearing, the trial court found the employee had presented sufficient proof to entitle her to a panel of orthopedic physicians and awarded medical benefits, but denied the employee’s request for temporary disability benefits. The employer has appealed. Because this appeal hinges upon issues not resolved by the trial court, we vacate the trial court’s decision and remand the case so that those issues can be resolved.

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