James Patterson v. Prime Package & Label Co., LLC

This workers’ compensation appeal involves the application of the recently enacted pain management provisions of Tenn. Code Ann. § 50-6-204(j) (2014). An employee who sustained a work-related injury in 2007 settled his workers’ compensation claim with his employer in 2010. The settlement enabled the employee to continue receiving pain management treatment from a physician in Lebanon, Tennessee. The employee moved to Vonore, Tennessee in late 2012. Because his pain-management physician was now 162 miles away, the employee requested his former employer to provide a new panel of pain management physicians closer to his new residence. The employer declined, citing Tenn. Code Ann. § 50-6-204(j)(2)(A) that exempts pain-management physicians who live within 175 miles of the employee from the general statutory “community” residence requirement. The employee filed a motion in the Circuit Court for Rutherford County to compel the employer to provide a new doctor. The trial court held that the new 175-mile rule did not apply to the employee’s claim and ordered the employer to provide a new panel of pain management physicians. The employer has appealed to the Special Workers’ Compensation Appeals Panel in accordance with Tenn. Sup. Ct. R. 51. We reverse the judgment of the trial court.