Jackie Martin v. Lear Corporation

In this workers' compensation case, we are called upon to determine whether the trial court may admit a form C-32 medical report obtained by the plaintiff from the defendant's "consulting expert," a physician who made a physical examination of the plaintiff. The defendant claims that the physician it hired to make an independent medical examination of the plaintiff is protected from compelled testimony under Tennessee Rule of Civil Procedure 26.02(4)(B). However, the Tennessee's Workers' Compensation Law, specifically Tennessee Code Annotated sections 50-6-204(f) and 50-6-235(c), clearly permits the admission of testimony, including a medical report form, of an examining physician paid for by the employer in a workers' compensation case. Therefore, we hold that, pursuant to Tennessee Code Annotated sections 50-6-204(f) and 50-6-235(c), the trial court did not err by admitting the physician's medical report.