HEATHER ALLEN v. DELIVERIES VIA ISG, LLC, ET AL. - Articles

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HEATHER ALLEN v. DELIVERIES VIA ISG, LLC, ET AL.

Posted by: Azya Thornton on Apr 29, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: A. Allen Grant and Benjamin T. Norris, Nashville, Tennessee, for the employer-appellant, Deliveries via ISG, LLC.

Attorneys 2: Brian Dunigan, Goodlettsville, Tennessee, for the employee-appellee, Heather Allen.

Judge(s): CONNER

The employee in this interlocutory appeal was involved in a motor vehicle accident while operating a company vehicle within the course and scope of her employment. The employee’s authorized treating physician diagnosed several medical conditions and eventually recommended a multi-level cervical fusion. The employer declined to authorize the recommended surgery, arguing that the employee’s preexisting degenerative conditions were the primary cause of her need for surgery. Following an expedited hearing, the trial court determined the expert medical evidence offered by the employer did not rebut the presumption of correctness afforded the causation opinion of the panel-selected authorized treating physician, and it ordered the employer to authorize the recommended surgery. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s order and remand the case.

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