THADDEUS FORREST v. CONCRETE STRUCTURES, INC., ET AL. - Articles

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THADDEUS FORREST v. CONCRETE STRUCTURES, INC., ET AL.

Posted by: Azya Thornton on Mar 3, 2026

Court: TN Workers Comp Appeals Board

Attorneys 1: Benjamin T. Norris, Nashville, Tennessee, for the employer-appellant, Concrete Structures, Inc.

Attorneys 2: Peter P. Frech, Nashville, Tennessee, for the employee-appellant, Thaddeus Forrest

Judge(s): WEAVER

The employer questions the trial court’s award of medical and temporary disability benefits in this interlocutory appeal. The employee suffered a fracture to his left femur when a structure fell on him at work. While undergoing treatment for that injury, his medical providers determined the employee had a cancerous lesion at the fracture site and diagnosed him with plasma cell neoplasm. The employer initially denied the compensability of the injury, arguing that the primary cause of the fracture was the employee’s preexisting cancer weakening his femur and not the incident at work. Following an expedited hearing, the court awarded medical benefits for the femur fracture, including chemotherapy and radiation recommended by the employee’s orthopedic oncologist, as well as temporary disability benefits. The trial court also denied the employee’s counsel’s request for attorneys’ fees at that stage of the case. Both parties have appealed. Having carefully reviewed the record, we affirm the trial court’s award of temporary disability benefits, its award of medical benefits, as modified, for treatment reasonably necessitated by the employee’s injury, and its denial of attorneys’ fees at this stage in the litigation. We reverse the portion of the order requiring the employer to provide a panel of oncologists for oncological treatment and remand the case.

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