Roger Joiner v. United Parcel Services, Inc., Et Al.

Roger Joiner (“Employee”) sustained an injury to his neck while lifting a mailbag in the course of his employment with United Parcel Service, Inc. (“Employer”) on February 26, 2016. Employer provided medical benefits, but subsequently limited those benefits to treatment of the injury at the C6-7 level of Employee’s cervical spine.  Employer refused to authorize treatment and denied benefits for injury at the C5-6 level of Employee’s cervical spine based on the opinion of his treating physician.  After a compensation hearing, the Court of Workers’ Compensation Claims (the “trial court”) concluded that the causation opinion of Employee’s medical evaluator overcame the statutory presumption afforded the causation opinion of his treating physician. The trial court determined that Employee was entitled to medical benefits for treatment of his injures at the C5-6 and C6-7 levels and to permanent partial disability benefits based on medical impairment attributable to both levels.  Employer appealed to the Workers’ Compensation Appeals Board, which reversed the trial court’s decision, with one judge concurring in part and dissenting in part.   Employee has appealed that ruling.  The 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 pursuant to Tennessee Supreme Court Rule 51.  We reverse the decision of the Workers’ Compensation Appeals Board.