MAURY ENDSLEY v. BENCHMARK CONTRACTORS, LLC, ET AL. - Articles

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Posted by: Landry Butler on Aug 11, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Stephen Morton, Nashville, Tennessee, for the employer-appellant, Benchmark Contractors, LLC.

Attorneys 2:

Timothy Lee, Nashville, Tennessee, for the employee-appellee, Maury Endsley.

Judge(s): CONNER

This interlocutory appeal involves a machine operator who fell at work and reported pain and symptoms in his lower back. His claim was accepted as compensable, but the employer subsequently declined to authorize surgical treatment based on an opinion of the authorized treating physician that the surgery was not necessary. Following an expedited hearing, the trial court ordered the employer to authorize additional medical care, including surgery, concluding that the opinion of the authorized treating physician was outweighed by the opinion of a physician who provided a second opinion. The employer appealed. We affirm the trial court’s decision and remand the case for any further proceedings that may be necessary.

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