Summary
This expedited hearing order from the Tennessee Court of Workers' Compensation Claims resolves a dispute over medical treatment authorization and temporary disability benefits following a workplace concussion. The court determined that the employee's failure to accept the employer's offered panel of physicians suspended her right to temporary disability benefits and denied reimbursement for past medical bills treated by an unauthorized doctor. Conversely, the court ordered the carrier to authorize ongoing medical treatment from a selected panel physician.
Topics
Practice areas
Questions Presented
- Whether Ms. Cooke is entitled to payment of past medical treatment and temporary disability benefits despite not accepting the employer‑offered panel physician.
- Whether Ms. Cooke is entitled to ongoing medical treatment with Dr. McAdams.
Holdings
- Ms. Cooke is not entitled to payment of past medical treatment or temporary disability benefits for the period August 29–December 15, 2022.
- Ms. Cooke is entitled to ongoing medical treatment, but only from a physician selected from the panel offered by the employer.
Key quotations
“The Court holds Ms. Cooke is entitled to ongoing medical treatment from a panel physician but denies her other requests.” (at 1)
Factual background
Andrea Cooke suffered a head injury during a volleyball game on August 25, 2022. She reported the injury, was sent home, and later saw neurologist Dr. Suzanne McAdams, who diagnosed a concussion. The employer placed a panel of physicians in her work mailbox on August 26, 2022, but Cooke did not see or accept a panel physician and continued treatment with Dr. McAdams, incurring private insurance costs.
Procedural history
The employee filed a workers' compensation claim after a volleyball injury. The employer provided a panel of physicians as required by statute. The employee chose to continue treatment with her own physician, Dr. McAdams, without accepting the panel. The employer denied payment for past treatment and benefits, leading to an expedited hearing.
Remand instructions
Ms. Cooke may choose from the panel TRMT offered her, and TRMT shall authorize treatment with that physician.