RICHARD KING v. BIG BINDER EXPRESS, LLC, ET AL. - Articles

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Posted by: Landry Butler on Dec 7, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Michael W. Jones, Nashville, Tennessee, for the employer-appellant, Big Binder Express, LLC.

Attorneys 2:

Jay DeGroot, Jackson, Tennessee, for the employee-appellee, Richard King.

Judge(s): DAVIDSON

The employee in this interlocutory appeal suffered work-related injuries to his head, face, and vision when a crank handle struck him in the face. The employer accepted the claim as compensable and provided medical and temporary disability benefits. The employee’s authorized ophthalmologist assigned a permanent impairment rating to the employee’s vision but indicated that it was “skewed” because underlying test results were “unreliable and inconsistent.” Thereafter, the employer sought a medical examination of the employee pursuant to Tennessee Code Annotated section 50-6-204(d)(1). The trial court ruled that the employer’s request to have the employee examined was unreasonable because the employee’s ophthalmologist was an authorized physician and the employer was merely seeking another impairment rating. Accordingly, the trial court refused to order the employee to submit to the examination. The employer has appealed. We reverse the trial court’s decision and remand the case.

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