Summary
In this expedited workers’ compensation hearing order, the Tennessee Court of Workers’ Compensation Claims found that Rafael Romero-Hernandez was likely to prevail on claims for additional treatment for both knees. The court concluded that Valley Interior Systems, Inc. must immediately authorize the recommended left-knee surgery and that the right-knee condition was likely a direct and natural consequence of the compensable left-knee injury and treatment. The court did not find entitlement to additional temporary disability benefits at that time.
Holdings
- Romero-Hernandez was likely to prevail on the merits because the need for the recommended left-knee surgery primarily arose from the work injury and the surgery was reasonably necessary. Valley therefore had to authorize the surgery.
- Romero-Hernandez was likely to prevail in establishing that the right-knee injury and need for treatment were the direct and natural consequences of the compensable left-knee injury and treatment.
- Romero-Hernandez did not establish that he was likely to prevail on his claim for additional temporary disability benefits.
Questions Presented
- Whether Romero-Hernandez was likely to prevail in establishing that additional left-knee surgery was causally related to the work injury and reasonably necessary.
- Whether the right-knee condition and recommended surgery were a direct and natural consequence of the compensable left-knee injury and treatment.
- Whether Romero-Hernandez was likely to prevail on his claim for additional temporary disability benefits after March 6, 2025.
Disposition
other
Cases Cited (8)
- McCord v. Advantage Human Resourcing, 2015 TN Wrk. Comp. App. Bd. LEXIS 6, at *7-8, 9 (Mar. 27, 2015)(followed)
- Kelly v. Kelly, 445 S.W.3d 685, 694-95 (Tenn. 2014)(followed)
- Orman v. Williams Sonoma, Inc., 803 S.W.2d 672, 676-77 (Tenn. 1991)(followed)
- Limberakis v. Pro-Tech Sec., 2017 TN Wrk. Comp. App. Bd. LEXIS 53, at *6 (Sept. 12, 2017)(followed)
- Morgan v. Macy's, 2016 TN Wrk. Comp. App. Bd. LEXIS 39, at *19 (Aug. 31, 2016)(followed)
- Hudgins v. Global Pers. Sols. Inc., No. E2023-00792-SC-R3-W, 2024 Tenn. LEXIS 86, at *12-14 (Tenn. Workers' Comp. Panel Mar. 5, 2024)(followed)
- Jones v. Crencor Leasing and Sales, 2015 TN Wrk. Comp. App. Bd. LEXIS 48, at *8 (Dec. 11, 2015)(followed)
- Francoeur v. Amerimed Med. Sols., LLC, 2024 TN Wrk. Comp. App. Bd. LEXIS 36, at *9, *12 (Oct. 1, 2024)(followed)
Cited In (0)
No citing cases on record yet.