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Posted by: Landry Butler on Oct 24, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

David S. Hagy, Nashville, Tennessee, for the appellant, Selvin Calderon.

Attorneys 2:

Michael L. Haynie, Nashville, Tennessee, for the appellees, Auto Owners Insurance Company, AE Roofing and Exteriors, LLC, and Ken Allen Enterprise, LLC.

Judge(s): ACREE

Selvin Calderon (“Employee”) suffered a compensable injury to his spine when he fell from a two-story roof. The trial court found Mr. Calderon to be permanently and totally disabled and ordered Auto Owners Insurance Company (“Insurer”) to pay benefits and provide medical care for the injury. Seven months after entry of the judgment, Employee filed a “Motion to Compel Appropriate Medical Accommodations and Expenses and for an Award of Attorney's Fees,” seeking to have Insurer pay the difference in rent between his present apartment and a wheelchair accessible residence and also for a bus pass to be used for daily activities unrelated to his disability. Insurer is willing and able to modify any apartment for wheelchair accessibility, and it provides transportation to Employee for his medical appointments. Insurer argued it is fulfilling its obligations under the workers' compensation law. The trial court denied Employee's motion, and he 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.