Holland v. Randstad

Summary

The Tennessee Court of Workers’ Compensation Claims held that Judith Holland was entitled to a lumbar fusion and related preoperative diagnostics as medically necessary treatment for her compensable workplace injury. The court found that the authorized treating physician’s opinion was entitled to a presumption of medical necessity and that Randstad did not rebut it by a preponderance of the evidence. The court also awarded Holland attorney’s fees based on Randstad’s failure to provide medical benefits required by the parties’ settlement agreement.

Holdings

1. The lumbar fusion surgery ordered by Holland's authorized treating physician, together with necessary preoperative MRI and CT diagnostics, was medically necessary and had to be approved and provided by Randstad or its workers' compensation carrier.
2. Holland's attorney was entitled to fees under Tennessee Code Annotated section 50-6-226(d)(1)(A) because Randstad failed to approve medical care required by the court-approved settlement and section 50-6-204.
3. The emails exchanged between Dr. Lochemes's staff and Randstad's counsel concerning deposition scheduling were inadmissible hearsay and lacked a sufficient foundation.

Questions Presented

1. Whether the lumbar fusion surgery ordered by Holland's authorized treating physician was medically necessary and should be provided as a future medical benefit.
2. Whether Holland was entitled to attorney's fees because Randstad failed to furnish medical treatment provided for in the court-approved settlement.
3. Whether emails concerning the scheduling of an expert's deposition were admissible.

Disposition

other