By Courtney S. Paterson

Nesreen Boutros v. Amazon, et al.   

Docket No. 2016-06-0418

State File No. 32833-2015

Filed November 9, 2016

Posture

This is a case before the Appeals Board on interlocutory appeal filed by the employer, and the dispute was whether the employer should be required to provide the employee medical benefits.

Employee alleged she suffered injuries to her neck, shoulder and arm arising primarily in the course and scope of her employment with Amazon on April 23, 2015. She described placing a heavy box on a conveyor belt and feeling a “pop.” She was provided a panel of medical providers and chose an urgent care facility, where she was seen twice before being referred to an orthopedic physician. Dr. Kyle Joyner, an orthopedic surgeon, referred her to a physiatrist. Employer arranged for the Employee to treat with Dr. Jeffrey Hazelwood, whom she saw four times. After the Employee failed to appear for two appointments and appearing late for a third, Dr. Hazelwood released her at maximum medical improvement. Employee requested additional medical treatment, but the Employer declined to authorize further care. After an expedited hearing, the trial court determined that, because the Employer failed to provide a panel of physiatrists upon Dr. Joyner’s referral, Employee was entitled to such a panel.

The appeals board affirmed the trial court’s decision and remanded the case.

 

An associate with Spicer Rudstrom since 2009, Courtney focuses her practice on automobile liability, insurance coverage litigation, insurance defense litigation, insurance subrogation, premises liability, products liability and workers’ compensation. She is admitted to practice in all trial and appellate state courts in Tennessee, as well as the U.S. District Court for the Middle District of Tennessee.

 

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