American Mining Insurance Company v. Terry H. Campbell

Court Description:

Authoring Judge: Senior Judge William B. Acree, Jr.

Trial Court Judge: Judge Jeffrey F. Stewart

In 1992, Terry Campbell ( Employee ) suffered injuries to his lumbar and cervical spine as a result of a workplace accident. In 1998, the trial court awarded permanent and total disability benefits and ordered the employer s insurer, American Mining Insurance Company ( Insurer ), to provide medical treatment in accordance with Tennessee Code Annotated section 50-6-204. Dr. Gregory Ball was Employee s treating physician. In 2008, and again in 2010, Employee filed contempt petitions alleging Insurer failed to provide medical treatment recommended by Dr. Ball. On each occasion, the trial court found in favor of Employee. In 2013, Insurer filed a petition, asserting Dr. Ball s treatment was neither reasonable nor necessary and seeking the removal of Dr. Ball as Employee s physician. The trial court denied the petition and awarded attorney fees to Employee. Insurer appealed, asserting the trial court erred by denying its petition and awarding attorney fees. The Supreme Court referred this appeal to the Special Workers Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.