GARY THOMPSON v. MESA INTERIOR CONSTRUCTION CO., INC., ET AL. - Articles

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Posted by: Landry Butler on Dec 1, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Michael Fisher, Nashville, Tennessee, for the employee-appellant, Gary Thompson.

Attorneys 2:

Alex B. Morrison, Knoxville, Tennessee, for the employer-appellee, Mesa Interior Construction Co., Inc.

Judge(s): HENSLEY

In this interlocutory appeal, the employee disputes the trial court’s determination that he is not entitled to additional medical treatment for his low back complaints. The employee suffered injuries to his cervical and lumbar spine as a result of falling from a scaffold, and the employer provided medical care, including a cervical fusion. The treating physician referred the employee for pain management treatment due to ongoing cervical complaints. The employer authorized pain management for the cervical injury, but refused to authorize further treatment for the employee’s lumbar complaints based on the treating physician’s opinion that the lumbar complaints were not caused by the work-related injury. Following an expedited hearing, the trial court found the employee had failed to establish he will likely prevail on the merits of his request for additional medical treatment for his low back complaints and denied his request for additional treatment. The employee 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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