TIM VENABLE v. SUPERIOR ESSEX, INC., ET AL. - Articles

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Posted by: Landry Butler on Nov 2, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Lee Anne Murray, Nashville, Tennessee, for the employer-appellant, Superior Essex, Inc.

Attorneys 2:

Mark Lambert, Memphis, Tennessee, for the employee-appellee, Tim Venable.

Judge(s): CONNER

In this interlocutory appeal, the trial court issued an order for medical benefits, determining the employee presented sufficient evidence to support the order despite a utilization review agent’s reports that led to the denial of treatment recommended by an authorized physician. In reaching this conclusion, the trial court found the opinions of the utilization review physicians did not overcome the statutory presumption of correctness applicable to the opinion of the authorized physician. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case for further proceedings as may be necessary.

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