Glenda Laymance v. K-VA-T Food Stores, Inc., d/b/a Food City, et al.

Summary

The Tennessee Workers’ Compensation Appeals Board affirmed and remanded an order awarding additional temporary total disability benefits to Glenda Laymance. The Board held that the employee’s authorized treating physician properly rescinded an earlier maximum medical improvement determination after diagnosing post-traumatic osteoarthritis related to the original work injury and performing additional surgery. The Board concluded that the employee was likely to establish entitlement to additional benefits.

Holdings

1. An employee may be entitled to additional temporary total disability benefits when the authorized treating physician rescinds a prior maximum-medical-improvement determination after discovering a work-related subsequent condition requiring additional treatment and the employee is unable to work because of that condition.
2. Laymance met her burden at the expedited hearing to show that she was likely to prevail at trial on entitlement to additional temporary total disability benefits.

Questions Presented

1. Whether an employee may receive additional temporary total disability benefits after an authorized treating physician initially placed the employee at maximum medical improvement but later rescinded that determination because the work injury caused a subsequent condition requiring additional treatment and surgery.
2. Whether the evidence supported the trial court's determination that Laymance was likely to prevail at trial on her entitlement to additional temporary total disability benefits.

Disposition

affirmed