CompFox AI Summary
Martha McCool, a psychiatric nurse practitioner for Professional Care Services, was injured in 2019 after being attacked by a patient, leading to multiple surgeries and PTSD. A 2023 settlement agreement allowed for future medical expenses. In 2024, her authorized treating physician, Dr. Dan Shell, recommended reconstructive surgery. The employer authorized the surgery but denied McCool's request for a second surgical opinion. The trial court initially ordered the employer to authorize the second opinion and awarded attorney's fees, but later denied the fees. The Tennessee Workers' Compensation Appeals Board affirmed the order compelling the employer to authorize and pay for a second opinion, interpreting the relevant statute to mean an employee is entitled to a second opinion when surgery is recommended, regardless of whether the treating physician ordered it. The Board also reversed the denial of attorney's fees, modifying the trial court's judgment to award McCool's attorney $10,150.00.
McCool, Martha v. Professional Care Services is a workers' compensation case decided in Tennessee Workers' Compensation Appeals Board. 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 Workers' Compensation Appeals Board.
Full Decision Text1 Pages
Martha McCool, a psychiatric nurse practitioner for Professional Care Services, was injured in 2019 after being attacked by a patient, leading to multiple surgeries and PTSD. A 2023 settlement agreement allowed for future medical expenses. In 2024, her authorized treating physician, Dr. Dan Shell, recommended reconstructive surgery. The employer authorized the surgery but denied McCool's request for a second surgical opinion. The trial court initially ordered the employer to authorize the second opinion and awarded attorney's fees, but later denied the fees. The Tennessee Workers' Compensation Appeals Board affirmed the order compelling the employer to authorize and pay for a second opinion, interpreting the relevant statute to mean an employee is entitled to a second opinion when surgery is recommended, regardless of whether the treating physician ordered it. The Board also reversed the denial of attorney's fees, modifying the trial court's judgment to award McCool's attorney $10,150.00.
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