Brown, Billy v. The Lilly Co. d/b/a Lilly Environmental

Summary

The Tennessee Court of Workers’ Compensation Claims held that Billy Brown was entitled to a new panel of orthopedic physicians and approval of an appointment after his authorized treating physician declined to continue treating him. The court denied his request for a panel of neurosurgeons because the treating physician had not made a referral, and scheduled a status hearing.

Holdings

1. An employee with a compensable work injury is entitled to a new panel of orthopedic physicians when the authorized treating physician declines to allow a return visit and the employee shows a likelihood of prevailing on entitlement to further reasonable and necessary work-related medical treatment.
2. An employee is not entitled to a panel of neurosurgeons based solely on an authorized physician's speculative statement that the employee might want to speak to a neurosurgeon; a referral is required.

Questions Presented

1. Whether Brown was entitled to a new panel of orthopedic physicians when the authorized treating physician declined to continue treating him.
2. Whether Brown was entitled to a panel of neurosurgeons when the authorized orthopedic physician merely suggested that he might want to speak to a neurosurgeon and made no referral.

Disposition

other