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

Summary

The Tennessee Workers’ Compensation Appeals Board affirmed and remanded an order requiring the employer to provide a new panel of orthopedic specialists for treatment of the employee’s compensable low back injury. The Board held that the employee remained entitled to reasonable and necessary medical treatment causally related to the work injury, but it upheld the denial of a neurosurgeon panel because the treating physician’s statements did not constitute a referral.

Holdings

1. Unless a court terminates the employee’s entitlement to medical benefits or the parties settle future medical benefits, the employee remains entitled to reasonable and necessary medical treatment causally related to the work injury; the employer may not unilaterally terminate that entitlement.
2. The employer was required to provide a new panel of orthopedic specialists for selection of a new treating physician.
3. The trial court properly declined to order a panel of neurosurgeons because Dr. Duncan’s statements did not constitute a referral for neurosurgical treatment.

Questions Presented

1. Whether an injured employee remains entitled to reasonable and necessary medical treatment causally related to a compensable work injury after the authorized treating physician declines to see the employee again.
2. Whether the evidence supported ordering the employer to provide a new panel of orthopedic specialists.
3. Whether the treating physician’s comments constituted a referral requiring the employer to provide a panel of neurosurgeons.

Disposition

affirmed_and_remanded