CompFox AI Summary
James Hawes, an employee, requested an expedited hearing to compel his employer, McLane Co., Inc., to provide a panel of physicians for a back injury sustained on December 8, 2020, while lifting a box. McLane denied the claim, asserting the injury did not arise out of employment, relying on an Electrodiagnostic Functional Assessment (EFA) that showed no acute pathology. The Court found that McLane failed to comply with statutory requirements by referring Hawes to a single physician for the EFA instead of providing a panel. Therefore, the Court ordered McLane to provide a panel of physicians. The Court denied attorney's fees but referred McLane for a penalty for non-compliance with statutory requirements regarding the provision of a physician panel.
Hwes, James v. McLane Co., Inc. is a workers' compensation case decided in Tennessee Court of Workers' Compensation Claims. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Court of Workers' Compensation Claims.
Full Decision Text1 Pages
James Hawes, an employee, requested an expedited hearing to compel his employer, McLane Co., Inc., to provide a panel of physicians for a back injury sustained on December 8, 2020, while lifting a box. McLane denied the claim, asserting the injury did not arise out of employment, relying on an Electrodiagnostic Functional Assessment (EFA) that showed no acute pathology. The Court found that McLane failed to comply with statutory requirements by referring Hawes to a single physician for the EFA instead of providing a panel. Therefore, the Court ordered McLane to provide a panel of physicians. The Court denied attorney's fees but referred McLane for a penalty for non-compliance with statutory requirements regarding the provision of a physician panel.
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