Alton B. Kephart, Jr. v. Hughes Hardwood International, Inc. et al.

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee sustained a compensable injury to his lower back in August 2002 which was settled in May 2006. Thereafter the employee continued to be treated by his authorized treating physician. In 2009 the employer requested and the employee consented to an independent medical examination.Thereafter the employer requested another independent medical examination. The employee declined. In April 2011, the employer filed a motion seeking to require the employee to submit to a medical examination pursuant to Tennessee Code Annotated section 50-6-204(d)(1) and Tennessee Rule of Civil Procedure 35. The trial court denied the motion, and the employer has appealed. We affirm the judgment.