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Posted by: Landry Butler on Feb 15, 2018

Court: TN Workers Comp Appeals

Attorneys 1:

Catheryne L. Grant, Nashville, Tennessee, for the appellant, TriStar Centennial Medical Center.

Attorneys 2:

Larry R. McElhaney, II, and Steven C. Fifield, Nashville, Tennessee, for the appellee, Dana C. Pugh.

Judge(s): BIVINS

Dana Pugh (“Employee”) and Tristar Centennial Medical Center (“Employer’) settled a claim for a compensable back injury to Employee after participating in and failing to resolve their dispute at a Benefit Review Conference (“BRC”). Employee later filed a motion to compel Employer to approve a surgical procedure recommended by her authorized physician and for attorney’s fees. Employer approved the surgery after another physician conducted a review of Employee’s medical records. Employee subsequently reset her motion, and the trial court awarded her attorney’s fees. Employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We conclude that the trial court did not have subject matter jurisdiction, vacate the judgment, and dismiss the case.