Sherry Ellen Carwile v. Compass Group, USA, Inc.,

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer insists the trial court erred in admitting, over objection, certain medical expenses allegedly incurred by the plaintiff. As discussed below, the panel has concluded that proof that the expenses allowed were reasonable and necessary was not required where the employer failed to provide medical care as required by Tenn. Code Ann. _ 5-6-24(a)(4)(A). Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR., SP. J., in which JANICE M. HOLDER, J., and JOHN K. BYERS, SR. J., joined. Ronald L. Harper and R. Scott Harper, Memphis, Tennessee, for the appellant, Compass Group, USA, Inc., d/b/a Canteen Vending Services Jay E. DeGroot, Jackson, Tennessee, for the appellee, Sherry Ellen Carwile MEMORANDUM OPINION This civil action was initiated by the employee or claimant, Ms. Carwile, to recover workers' compensation benefits, including reasonably necessary medical expenses, for a work related injury. At the conclusion of the trial, the trial court ordered, among other things, that the claimant recover any outstanding medical expenses incurred, pursuant to Tenn. Code Ann._ 5-6- 24. The employer, Compass Group, USA, has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.