MARTHA MCCOOL v. PROFESSIONAL CARE SERVICES, ET AL. - Articles

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MARTHA MCCOOL v. PROFESSIONAL CARE SERVICES, ET AL.

Posted by: Azya Thornton on Jul 10, 2025

Court: TN Workers Comp Appeals Board

In this appeal, the employer challenges the trial court’s order requiring it to authorize a second opinion examination on the issue of surgery. The employee was injured when she was attacked in the employer’s parking lot in 2019. In 2023, the parties entered into a settlement agreement that, among other provisions, left open the employee’s entitlement to reasonable and necessary future medical expenses as provided in Tennessee Code Annotated section 50-6-204. That settlement agreement was approved by the trial court. In 2024, one of the authorized treating physicians recommended additional surgery, which the employer’s insurer authorized. However, prior to agreeing to undergo this surgery, the employee asked for a second opinion as to the surgery recommendation, which the employer declined to provide. The employee then filed a new petition asking the court to order the employer to authorize a second opinion examination and seeking an award of attorneys’ fees. Following unsuccessful mediation and a hearing, the trial court entered an order compelling the employer to authorize the second opinion examination and determined the employee was entitled to attorneys’ fees. In the order, the court instructed the employee’s attorney to file a motion presenting additional evidence with respect to the attorneys’ fee claim, which the employee’s attorney did. Sixteen days after the court’s order was issued, the employer filed a notice of appeal. Because we conclude the trial court’s compensation order is incomplete at this point, we hold this appeal in abeyance and remand the case for additional findings.

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