Summary
This Tennessee Workers' Compensation Appeals Board memorandum opinion addresses an employee's interlocutory appeal from a trial court's order denying his request for a new authorized treating physician and temporary disability benefits. Because the appellant failed to file a brief or a certified statement of evidence, the Appeals Board presumes the trial court's factual findings were supported by the record. Applying the standard that an employee must show he is likely to prevail at trial, the Board concludes the employee did not meet this burden and affirms the lower court's decision.
Topics
Practice areas
Questions Presented
- Whether the employee satisfied his burden of showing he is likely to prevail at a hearing on the merits of his claim for additional medical or disability benefits
- Whether, in the absence of a transcript or statement of evidence, the appellate court may presume the record supports the trial court’s findings
Holdings
- The employee has not met his burden of showing he will likely prevail at trial in establishing entitlement to additional medical or disability benefits; therefore the trial court’s denial is affirmed.
- When no transcript or statement of evidence is filed, the appellate court must presume that the record, had it been properly preserved, would have supported the trial court’s findings.
Key quotations
“Based on the record before us, we agree with the trial court’s finding that Employee has not met his burden of showing he will likely prevail at trial in establishing his entitlement to additional medical or disability benefits at this time.” (at *9)
“When an appellant fails to offer substantive arguments on appeal, an appellate court’s ability to conduct meaningful appellate review is significantly hampered.” (at *5)
Factual background
DeAndre Miles, an employee of Nike Inc. Footwear, injured his low back on March 11, 2023 while operating a malfunctioning forklift. He was treated by an authorized physician, Dr. Sam Murrell, who placed him at maximum medical improvement on November 17, 2023, finding no permanent impairment. Dissatisfied with the treatment, Miles requested a new authorized physician, which the employer refused. The trial court denied the request.
Procedural history
The trial court (Court of Workers’ Compensation Claims) denied the employee’s request for a new treating physician and for temporary disability benefits, finding no justification for a new panel and that the employee could return to the authorized physician. No transcript or statement of evidence was filed. The employee appealed without filing a brief.
Remand instructions
Remand the case.