Keith, Deannia v. Volunteer Staffing, Inc.

2020 TN WC 13

• Court: Tennessee Court of Workers' Compensation Claims
• Decided: January 31, 2020
• Docket: 2017-03-1519
• Status: Published

Opinion

FILED Jan 31, 2020 11:23 AM(ET)

TENNESSEE COURT OF WORKERS' COMPENSATION CLAIMS

IN THE COURT OF WORKERS’ COMPENSATON CLAIMS

AT KNOXVILLE DEANNIA KEITH, ) Employee, Docket No.: 2017-03-1519 v. State File No. 39521-2016 VOLUNTEER STAFFING, INC. DOI: 05/25/2016 Employer.

AGREED EXPEDITED HEARING ORDER

This cause came to be heard on January 14, 2020, before the Honorable Judge Pamela B. Johnson, for Expedited Hearing following Workers’ Compensation claimant Deannia Keith’s (“Employee”) Request for Expedited Hearing and sworn Affidavit, filed with the Court on October 5, 2019, and seeking an order compelling Respondent Volunteer Staffing Inc. (“Employer”) to provide an appointment with an orthopedic or neurosurgical specialist pursuant to a referral made by her treating physician; and following the Court’s Order denying the Employer’s Motion to Dismiss, finding therein that Employee's failure to attend mediation did not result from bad faith or lack good cause.

Counsel for the Parties appeared and announced to the Court an agreement resolving fully the disputed issue subject of the Employee’s Request for Expedited Hearing; specifically, that the Employer has provided the Employee with a valid panel of neurosurgeons and orthopedics for the Employee to select a specialist for the limited

purpose of a surgical evaluation, and for an opinion as to whether, and to what extent, the Employee’s present lumbar complaints may primarily arise out of Employee's claimed work accident on May 25, 2016. The Parties advised the Court that the Employee selected Dr. James Maguire from the specialist panel, that the Employer had contacted Dr. Maguire to schedule an evaluation; and that, pursuant to Dr. Maguire’s request, medical records were provided to Dr. Maguire for his review in advance of scheduling. The Parties agreed that the authority and legal presumptions afforded an Authorized Treating Physician shall attach to Dr. Maguire’s initial evaluation and his opinions on recommended treatment and causation arising from the evaluation, with the Parties reserving any claims and defenses to any matters involving treatment and/or benefits subsequent to the evaluation.

The proposed agreement, premises, and record as a whole considered; the Court finds cause to accept the Parties’ agreement resolving the disputed issue before the Court this day, and finding said agreement in the Employee's best interest;

IT IS, THEREFORE, ORDERED:

1. That the Employer shall authorize, provide, and cause the Employee to be evaluated for surgical options and causation opinion by her panel-selected specialist Dr. James Maguire’s earliest availability (following his records review).

2. That respective legal presumptions afforded authorized treating physicians as to causation and need for surgery, shall attach to Dr. Maguire's opinions stemming from his evaluation.

3. That all issues subject of the Employee's Request for Expedited Hearing

are hereby fully and finally resolved. 4, That counsel for the Parties shall appear telephonically, prepared to report

and discuss status and execution of this Order, at a Status Conference, set for May 28,

2020 at 9:30 a.m. EST.

\7 1 ENTER, this the SO day of SNUCK

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HONORABLE PAMELA B. JOHNSON, JUDGE

AGREED:

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ich Nicholas J. Peterson, BPR: 21637 Amy Brown, BPR; 025292 Counsel for the Employer Peterson White LLP 6330 Baum Drive Knoxville, TN 37919 Phone: (865) 909-7320 Fax: (865). 978-6602 amy.brown@petersonwhite.com

C4, Atl wl fos mien

Curtis W. Isabell, BPR: 022859 Counsel for the Employee

251 Short Street

Clinton, TN 37716

Phone: (865) 457-2755

Fax: (865) 269-4460 curtis.isabell@comcast.net CERTIFICATE OF SERVICE

I certify that a copy of this Order was sent as indicated on January 31, 2020.

Name Mail Fax Via | Service sent to: Email Curtis Isabell, xX curtis.isabell@comcast.net Employee’s Attorney Amy Brown x amy.brown@petersonwhite.com

Employer’s Attorney

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Lh aat/ Le trp dey) enny Shtum, Court Clerk Phew

We.courtclerk(@tn.gov