Ralph D. West v. Sonic Drive-In, et al.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case is here in a different position than most appeals. On October 31, 1995, a judgment awarding the plaintiff compensation was entered in the Chancery Court of Smith County. After review by a Special Workers' Compensation Appeals Panel and the Supreme Court, the judgment entered in Smith County was modified and affirmed. On December 4, 1996, an order in conformity with previous proceedings was entered in Smith County. Among other things, the final judgment provided that the defendants would furnish medical treatment for the plaintiff, required as a result of the injury subject to the proceedings hereafter had. On December 6, 1996, the plaintiff filed a motion for medical treatment and alleged the defendants had refused to furnish medical treatment as required. The plaintiff asked the trial court to order the defendants to furnish a list of three physicians from which he could select a physician for treatments. The defendants responded to the motion and say they are willing to furnish medical treatment to the plaintiff for treatments necessary to treat the plaintiff for residual problems from the November 27, 1991 accident which is the subject injury in this case. The defendants asked the court to order the plaintiff to produce his medical records and submit to an examination by a specialist to make an initial determination of whether the complaints of the plaintiff are related to the November 27, 1991 injury. In response to the pleadings, the trial judge entered the following order: This cause came on to be heard on this the 21st day of February, 1997, upon the motion of Plaintiff for a panel of three (3) physicians to treat the Plaintiff's injuries received at Sonic Drive-In, to-wit, ruptured disc at L5-S1. And after argument, the Court is of the opinion that Plaintiff should execute a release for Defendant to obtain any medical related to his back injury since November, 1991, within five (5) days and that Defendant shall furnish the panel of treating physicians to Plaintiff from Smith or contiguous counties. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Defendant shall furnish to Plaintiff a panel of treating physicians from Smith or contiguous counties and Plaintiff shall furnish to Defendant a release 2