KIMBERLY REED v. CRITICAL NURSE STAFFING, LLC, ET AL. AND TROY HALEY, AS ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY AND VOCATIONAL RECOVERY FUND - Articles

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KIMBERLY REED v. CRITICAL NURSE STAFFING, LLC, ET AL. AND TROY HALEY, AS ADMINISTRATOR OF THE BUREAU OF WORKERS’ COMPENSATION SUBSEQUENT INJURY AND VOCATIONAL RECOVERY FUND

Posted by: Azya Thornton on Sep 9, 2025

Court: TN Workers Comp Appeals Board

Attorneys 1: Nicholas A. Lastra, Brentwood, Tennessee, for the employer-appellant, Critical Nurse Staffing, LLC.

Attorneys 2: Lane Moore and Jenna Johnson, Cookeville, Tennessee, for the employee-appellee, Kimberly Reed.

Attorneys 3: Patrick Ruth, Nashville, Tennessee, for the appellee, Subsequent Injury and Vocational Recovery Fund.

Judge(s): CONNER

In this interlocutory appeal, the employer argues the trial court erred in ordering it to provide the employee a panel of otolaryngologists and in ordering it to authorize a second opinion examination. The employee originally reported a work-related accident in which she apparently stumbled while at a patient’s home and grabbed a doorframe or railing to steady herself, which caused her to twist her left arm/shoulder. She later reported that she hit the right side of her face and head on a wall during the incident. The authorized orthopedic physician concluded the employee was not a good candidate for shoulder surgery, and the employee requested a second opinion. In addition, the employee sought treatment on her own for “swelling” and “oozing” in her right ear, then requested a panel of otolaryngologists for treatment of her apparent temporomandibular joint disorder she believes was caused by the accident. Following an expedited hearing, the trial court ordered the employer to provide both a second opinion examination related to her left shoulder condition and a panel of otolaryngologists to evaluate her temporomandibular joint condition. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s order in part, reverse it in part, and remand the case.

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