BWC Appeals Board Decision for Morgan, Akins & Jackson
| August 18, 2025

After years of litigation and oral argument at the annual Tennessee Workers’ Compensation Educational Conference, Connor R. Sestak, Partner with the Nashville office, secured a favorable defense ruling from the Tennessee Bureau of Workers’ Compensation Appeals Board. The employee, a certified nursing assistant, reported an injury after lifting a patient at work. The authorized physician initially stated the employee’s condition was primarily related to the reported incident and provided conservative care. Following further diagnostic testing, however, the physician revised his opinion, stating the employee’s back condition was primarily related to a pre-existing, degenerative condition and that she had received all necessary treatment related to the reported work injury. The employee obtained an evaluation from another physician, who stated the work accident was the primary cause of several disc herniations and recommended pain management treatment.

At an expedited hearing, the trial court found that the treating physician’s opinion was inconsistent, determined the causation opinion of the employee’s expert rebutted the statutory presumption of correctness afforded the opinion of the authorized physician, and ordered the employer to provide a panel of pain management providers near the employee’s new residence.

On appeal,  the Appeals Board sided with the employer on the main causation dispute, ruling the employee’s expert failed to rebut the causation opinion of the panel-selected physician. The Appeals Board found the trial court “abused its discretion” in finding for the employee at trial.

Share This