Musshur Meener v. Federal Express Hub, et al.

Summary

The Tennessee Workers’ Compensation Appeals Board affirmed an order compelling the employee to identify a physician treating alleged work-related injuries and to execute a HIPAA-compliant medical records release. The Board also held that the employer was not required to provide the employee with deposition or hearing transcripts and determined that the appeal was frivolous, while declining to award attorneys’ fees or expenses. The case was remanded.

Holdings

1. The trial court did not abuse its discretion by ordering Meener to identify his current treating physician and execute a HIPAA-compliant release permitting the employer to obtain related medical records.
2. The employer was not obligated to provide Meener with a copy of his discovery-deposition transcript; Meener could obtain the transcript directly from the court reporter at his own expense.
3. Meener waived issues that were unsupported by a developed legal argument or authority, and the Appeals Board was not required to search the record or construct arguments on his behalf.
4. The appeal was frivolous because it was devoid of merit and lacked legal authority or an identifiable argument showing error, although the court declined to award attorney’s fees or expenses.

Questions Presented

1. Whether the trial court abused its discretion by compelling Meener to identify the physician treating him for alleged work-related injuries and execute a HIPAA-compliant medical-records release.
2. Whether the employer was required to provide Meener with a copy of his discovery-deposition transcript or expedited-hearing transcript.
3. Whether the appeal was frivolous.

Disposition

affirmed_and_remanded