Summary
This expedited hearing order addresses Michael Wright’s claim for workers’ compensation benefits arising from a work-related right-leg injury. The Tennessee Court of Workers’ Compensation Claims awarded pain-management and PTSD treatment, denied a panel for treatment of a non-work-related left-leg infection, and awarded $22,696.05 in temporary partial disability benefits. The court also referred the matter for assessment of a possible administrative penalty concerning delayed PTSD treatment authorization.
Holdings
- Wright was likely to prevail at a final hearing in showing that he was entitled to pain management ordered by the authorized surgeon for his work-related right-leg injury, notwithstanding the more serious non-work-related condition in his left leg.
- Wright was likely to prevail at a final hearing in showing that his PTSD symptoms were causally related to the work injury and required evaluation and treatment.
- Wright was not entitled to a panel of infectious-disease physicians because he lacked medical expert evidence establishing that the left-leg necrotizing-fasciitis infection was work-related.
- Wright was likely to prevail in establishing entitlement to temporary partial disability benefits from March 16, 2025, through February 17, 2026, but not for the period from January 28 through March 16, 2025, when he was hospitalized for the non-work-related left-leg infection.
Questions Presented
- Whether Wright was likely to prevail in establishing entitlement to pain management for his compensable right-leg injury.
- Whether Wright was likely to prevail in establishing entitlement to evaluation and treatment for PTSD causally related to the work injury.
- Whether Wright was entitled to a panel of infectious-disease physicians to evaluate the work-relatedness of the left-leg necrotizing-fasciitis infection.
- Whether Wright was likely to prevail in establishing entitlement to temporary partial disability benefits despite the alleged failure to communicate about light duty and the intervening non-work-related left-leg infection.
- Whether Bouldin's failure to timely authorize prescribed PTSD treatment warranted referral for assessment of an administrative penalty.
Disposition
other
Cases Cited (4)
- Ledford v. Mid Georgia Courier, Inc., 2018 TN Wrk. Comp. App. Bd. LEXIS 28, at *7-8 (June 4, 2018)(followed)
- Pool v. Jarmon D&Q Transport, 2016 TN Wrk. Comp. App. Bd. LEXIS 1, at *9 (Jan. 4, 2016)(followed)
- Jewell v. Cobble Construction, 2015 TN Wrk. Comp. App. Bd. LEXIS 1, at *22-23 (Jan. 12, 2015)(followed)
- Lasser v. Waste Management, Inc., TN Wrk. Comp. App. Bd. LEXIS 20, at *21-22 (May 24, 2028)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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