Purkey, Shanna v, MAC trucking
Shanna Purkey, a package delivery driver, injured her left hip and knee while working. Her treating physician, Dr. Jay Winn, diagnosed myofascial strain, provided conservative treatment, and ultimately noted her at maximum medical improvement with a 1% permanent impairment rating, suggesting a 'second opinion' as he was unable to fully assess her pain. Ms. Purkey sought a second opinion, arguing it was a referral from Dr. Winn or that the adjuster had agreed to it based on promissory estoppel. The Workers' Compensation Judge denied her claim, finding insufficient evidence to establish an agreement for a second opinion and no medical proof to support that Dr. Winn intended a referral instead of a second opinion. Furthermore, the court found Ms. Purkey was not entitled to a second opinion under Tennessee Code Annotated section 50-6-204(a)(3)(C) because no physician had recommended surgery.