Case Law Database

Townsend, Timothy v. Universal Forest Products

Timothy Townsend sought attorney fees because Universal Forest Products delayed authorizing a recommended S1 joint arthrodesis surgery. The authorized treating physician, Dr. Paul Johnson, recommended the surgery in late June, but it was not performed until December. Universal Forest Products requested clarification on causation, especially given a recent normal MRI, which led to the delay. The Court determined that the employer's delay was not unreasonable under the circumstances, as they authorized the surgery soon after receiving a specific explanation from Dr. Johnson. Consequently, Mr. Townsend failed to prove entitlement to attorney fees by a preponderance of the evidence, and his request was denied.