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The court affirmed the Appeals Board's decision requiring Lowe's to provide employee with a new panel of physicians to treat her work-related foot injury after her treating physician discharged her.
Belinda LeMaire ("Employee") sustained an injury to her right foot while working forLowe's Home Centers, LLC ("Employer"). The claim was accepted as compensable, andthe Court of Workers' Compensation Claims ("trial court") entered a compensation orderawarding permanent-partial disability benefits along with future reasonable and necessaryrnedical benefits. Employee subsequently filed a petition for benefit determination statingthat she had been discharged by her treating physician, and Employer was refusing toprovide additional medical treatment. Following a hearing, the trial court ordered Employerto provide Employee with a new panel of physicians qualified and willing to treat her workrelatedinjury. The Workers' Compensation Appeals Board ("Appeals l3oard") affirmed.Employer has appealed and the appeal has been referred to the Special Workers'Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. We affirmthe judgment of the Appeals Board and adopt its opinion as set forth in the attachedAppendix.
This summary was generated to explain the ruling in plain English and is not legal advice.
Appellant Derinda Carr challenges the trial court's finding her neck injury did not arise primarily "out of and in the course and scope of' her employment. 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 agree with the trial court and affirm the judgment.
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