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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2015-01-0101
Regular Panel Decision
Jan 05, 2016

Smith, Timeka v. Chattanooga Area Regional Transit Authority

This expedited hearing order addresses a dispute between employee Timeka Smith and employer CARTA regarding the interpretation of a prior medical benefits award. Ms. Smith asserted her right to select an authorized treating physician from a panel, while CARTA argued it had the discretion to choose. The Court clarified its August 26, 2015 order, affirming Ms. Smith's right to select. The Court found CARTA's revised physician panel, which included occupational medicine specialists and a neurologist, compliant with Dr. Terry Smith's treatment recommendations. Consequently, Ms. Smith's requests for penalties against CARTA and attorney's fees were denied, and she was ordered to select a physician from the panel CARTA proffered on November 23, 2015.

Medical BenefitsPhysician ChoiceExpedited HearingFee Schedule ComplianceWorkers' Compensation LawMedical PanelOccupational MedicineNeurology ConsultAttorney Fees DeniedPenalty Assessment
References
1
Case No. 2022-08-1404
Regular Panel Decision
Feb 23, 2026

BRITT, BREEAHNA v. CENTER FOR YOUTH MINISTRY TRAINING

Breeahna Britt, an employee, sought medical benefits for a head, neck, and upper-body injury, specifically requesting her physical therapist to be named as her authorized treating physician. The employer, Center for Youth Ministry Training, initially disputed the lack of a valid physician panel but later conceded, offering a Colorado neurologists' panel during the expedited hearing. The Court denied Ms. Britt's request for the physical therapist to be authorized, citing her failure to establish a doctor/patient relationship with a physician, specifically a neurologist. However, the Court affirmed Ms. Britt's entitlement to a new panel of neurologists in Colorado and referred the employer to the compliance program for penalties due to their delay in providing a valid panel.

Workers' CompensationMedical BenefitsPhysician PanelAuthorized Treating PhysicianEmployee RelocationEmployer ObligationNeurologyPenalty AssessmentExpedited HearingTennessee Law
References
3
Case No. 2017-01-0228
Regular Panel Decision
Aug 16, 2017

Ducros, James v. Metro Roofing and Metal Supply Co.

James Ducros, an employee of Metro Roofing and Metal Supply Co., Inc., filed a request for an expedited hearing to have Dr. Woody Kennedy designated as his authorized treating physician after a wrist injury. Initially, Metro Roofing authorized Dr. Kennedy but delayed in offering a panel of physicians for a month, from which Ducros ultimately selected Dr. Peter Lund. Ducros argued coercion regarding the late-offered panel. The Court denied Ducros' request, finding that despite the employer's delay in providing a panel, which could incur a penalty, Ducros had a statutory duty to accept the offered medical benefits and had treated with Dr. Lund for almost a year. The Court referred Metro Roofing to the Penalty Unit for investigation due to its failure to timely offer a panel of physicians.

Workers' CompensationMedical BenefitsPhysician AuthorizationPanel of PhysiciansExpedited HearingPenalty AssessmentEmployer ObligationsDelayed Panel OfferTreating PhysicianWrist Injury
References
3
Case No. 2016-01-0471
Regular Panel Decision
Dec 06, 2016

Nunley, George David v. Sequatchie Farmers Cooperative

George David Nunley, an employee of Sequatchie Farmers Cooperative, injured his lumbar spine while lifting tires and subsequently underwent two back surgeries. Following persistent symptoms, his authorized treating physician, Dr. Timothy Strait, referred him to Dr. Joseph Miller, within the same practice group, for consideration of spinal fusion surgery. Mr. Nunley filed a Request for Expedited Hearing, seeking a panel of physicians from which to select a surgeon for the recommended procedure. The Workers' Compensation Judge, Thomas Wyatt, denied Mr. Nunley's request, referencing Tennessee Code Annotated section 50-6-204. The Court clarified that employers have the right to accept a specific physician referral without providing a new panel, and that panels offered for second opinions do not alter the designation of the authorized treating physician.

Medical Benefits DenialPhysician Referral RightsSpinal Injury ClaimAuthorized Treating Physician SelectionSecond Medical OpinionExpedited Hearing DecisionWorkers' Compensation StatutesEmployer Medical ChoiceEmployee Medical RightsJudicial Interpretation
References
2
Case No. 2019-08-0010
Regular Panel Decision
May 21, 2019

Jones, Eary v, Technicolor

Eary Jones, an employee, sought an expedited hearing to compel Technicolor, the employer, and Ace American Ins. Co., the carrier, to allow him to return to Dr. Apurva Dalal for medical treatment. Mr. Jones had sustained injuries from a fall and had seen multiple physicians, including Dr. Lochemes and Dr. Cannon, before being offered a panel including Dr. Dalal. The Court found that Dr. Dalal became an authorized treating physician when Mr. Jones selected him from the panel provided by Technicolor. Citing Ledford v. Mid-Georgia Courier, Inc., the Court ruled that when an employer offers a panel following a physician's referral, the new physician becomes authorized. Therefore, the Court granted Mr. Jones's request to return to Dr. Dalal and receive medically necessary treatment, but denied his request for attorney's fees at this interlocutory stage.

Workers' CompensationMedical BenefitsExpedited HearingAuthorized Treating PhysicianSecond OpinionAttorney's FeesMedical EvaluationMaximum Medical ImprovementPermanent ImpairmentPanel of Physicians
References
2
Case No. 2017-06-0070
Regular Panel Decision
Oct 20, 2017

Baker, Tonya v. Electrolux

This interlocutory appeal addresses an employee's right to a second authorized treating physician after expressing dissatisfaction with her initial selection from a panel. The employer contended it fulfilled its statutory obligation by providing the first physician. While the trial court ordered the employer to provide a new panel, the Appeals Board reversed this decision. The Board found no evidence that the initial physician refused further treatment or that the employee attempted to continue care with him. Consequently, the employee was deemed to still have an authorized treating physician, negating the need for a new selection.

Workers' CompensationMedical BenefitsTreating PhysicianPanel of PhysiciansEmployee RightsEmployer ObligationsStatutory InterpretationAppealLumbar StrainSciatica
References
5
Case No. MISSING
Regular Panel Decision
Oct 12, 2007

Salvador-Pajaro v. Port Authority

This case involves a Port Authority police officer who sued the Port Authority for personal injuries, alleging an unsafe workplace in New Jersey. The Port Authority's motion for summary judgment dismissing the complaint was initially denied by the Supreme Court, New York County. However, the appellate court unanimously reversed this decision, granting the motion and dismissing the complaint. The court ruled that New York's Labor Law § 27-a, which was the basis for the General Municipal Law § 205-e claim, does not apply to the Port Authority as an Interstate Compact agency, particularly without concurring legislation from New Jersey. Additionally, New York Labor Law provisions concerning workplace safety do not apply to workplaces located outside of New York, even if both the injured worker and the employer are New York domiciliaries.

Interstate Compact AgencyWorkplace SafetyJurisdictionExtraterritorial ApplicationLabor LawGeneral Municipal LawSummary JudgmentPersonal InjuryPort AuthorityEmployer-Employee Relations
References
5
Case No. 01-10-00752-CV
Regular Panel Decision
Jan 03, 2011

in Re Metropolitan Transit Authority

Metropolitan Transit Authority (Metro), a self-insured employer, filed a petition for writ of mandamus requesting the Court of Appeals to compel the trial court to set aside its order denying Metro's plea to the jurisdiction. The underlying case involves Sharon Wilson, a bus driver, who filed a workers' compensation claim after an accident. Metro disputed a foot injury claimed by Wilson. The Texas Department of Insurance, Division of Workers’ Compensation (DWC) appeals panel reversed a hearing officer's decision, concluding that Metro waived its right to contest the compensability and extent of Wilson's foot injury. The district court denied Metro's plea to the jurisdiction, allowing consideration of the extent of Wilson's injury. The Court of Appeals denied Metro's petition for writ of mandamus, holding that the district court did not abuse its discretion, as Wilson, being the prevailing party at the appeals panel, was not required to exhaust administrative remedies.

Writ of MandamusWorkers' CompensationPlea to the JurisdictionExhaustion of Administrative RemediesJurisdictionWaiver DoctrineCompensabilityExtent of InjuryAppeals Panel DecisionJudicial Review
References
15
Case No. 2019-01-0399
Regular Panel Decision
Feb 23, 2021

Tate, Meshia v. Daryl Doney d/b/a Middle Tennessee Respiratory

The employee, Meshia Tate, suffered a work-related wrist injury and later a knee injury, treated by authorized physician Dr. Martin Fiala, who performed surgeries and eventually placed her at maximum medical improvement. Dissatisfied, Tate sought an unauthorized second opinion from Dr. Jeffrey Peterson, who recommended further treatment and believed a subsequent meniscal tear was work-related. The trial court sided with Tate, accepting Dr. Peterson's causation opinion and replacing Dr. Fiala as the authorized treating physician, citing Dr. Fiala's perceived failure to treat ongoing symptoms and the employer's initial failure to provide a panel of physicians. On appeal, the Workers' Compensation Appeals Board reversed the trial court's decision, concluding that the evidence did not support the causation finding for the new meniscal tear or the replacement of the authorized physician, especially given Dr. Fiala's willingness to continue treatment. The Board emphasized the lack of sufficient expert medical testimony for causation and the need to follow proper procedures for changing authorized physicians.

Workers' CompensationMedical TreatmentCausationMeniscal TearWrist InjuryKnee InjuryTreating PhysicianMaximum Medical ImprovementDegenerative ConditionExpedited Hearing
References
6
Case No. 2015 NY Slip Op 00461 [124 AD3d 475]
Regular Panel Decision
Jan 15, 2015

Port Authority of New York & New Jersey v. Port Authority Police Lieutenants Benevolent Ass'n

The Appellate Division, First Department, affirmed a judgment confirming an arbitration award that found the Port Authority of New York and New Jersey violated a collective bargaining agreement by ending free E-Z Pass privileges for retired police sergeants. The court ruled that the arbitrator did not exceed his authority and that his interpretation, which vested retired members with a lifetime interest in these privileges, was not irrational. The decision also clarified that a contractual phrase regarding 'applicable law' pertains to the award's binding nature, not a ground for vacating the award due to a mistake of law.

Arbitration AwardCollective Bargaining AgreementE-Z Pass PrivilegesRetired EmployeesArbitrator's AuthorityAppellate ReviewContractual InterpretationLifetime BenefitsJudicial ReviewPublic Authority
References
5
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