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Posted by: Landry Butler on Nov 9, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

W. Troy Hart, Knoxville, Tennessee, for the employer-appellant, Amazon.

Attorneys 2:

Nesreen Boutros, Antioch, Tennessee, employee-appellee, pro se.

Judge(s): HENSLEY

In this interlocutory appeal, the employer appeals the trial court’s order requiring it to provide a panel of physiatrists to the employee. After two visits to an urgent care facility that the employee selected from a panel of providers made available by the employer, the employee was referred to an orthopedic physician. After one visit with the orthopedic physician, the physician recommended referral to a physiatrist. The employer arranged an appointment with a physician specializing in pain management, but did not provide a panel of physiatrists. Following the employee’s fourth visit with the pain management specialist, the employee was discharged by the specialist. The employer denied further benefits, asserting the employee’s injuries were not work-related. Following an expedited hearing, the trial court found the employee would likely prevail at trial in establishing a work-related injury, and further found that the employer had failed to provide a panel of physiatrists after the authorized physician made a referral to a physiatrist. Despite the employer having provided some pain management treatment, the trial court determined the employer must provide a panel of physiatrists. The employer has appealed. We affirm the trial court’s decision and remand the case for further proceedings as may be necessary.