Williams, Bobby v. CoreCivic
This interlocutory appeal concerns the employee’s right to have his own physician present for an examination performed by a physician selected by the employer. The employer filed a motion to compel the employee to submit to an examination by the employer’s physician pursuant to Tennessee Code Annotated section 50-6-204(d)(1) (2018). The employee asserted that his statutory right to have his own physician present permitted his physician’s observing the examination via videoconference. The trial court granted the employer’s motion to compel but determined the statute contemplated only the physician’s physical presence. The Appeals Board affirmed the trial court’s decision, ruling that the plain meaning of "present" requires physical attendance and that creating a right for remote observation falls to the legislature.