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Posted by: Landry Butler on Feb 9, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Eric Shen, Brentwood, Tennessee, for the employer, Miller Industries, Inc.

Attorneys 2:

Ceasar Gamble, Chattanooga, Tennessee, employee, pro se.

Judge(s): HENSLEY

In this interlocutory appeal, the employer contests the trial court’s award of medical benefits to the employee, who fell at work and suffered compensable injuries to his left hip and low back. The authorized treating physician recommended a hip replacement and the employer denied that treatment, contending the need for the hip replacement did not arise primarily out of the employment. At the request of the employee, and without objection from the employer, the trial court rendered a decision without convening an evidentiary hearing, determining the employee was likely to prevail at a hearing on the merits in establishing his entitlement to the requested medical benefits but denying the request for temporary disability benefits. Both parties have appealed. We affirm the trial court’s award of medical benefits for treatment of the employee’s compensable left hip and low back injuries and its denial of temporary disability benefits, but vacate the trial court’s finding that the employee will likely prevail in establishing that his need for the hip replacement surgery arose primarily out of the employment. We remand the case for further proceedings as may be necessary.