The Tennessee Workers’ Compensation Appeals Board on Thursday vacated and remanded a trial court order requiring Dollar General to provide additional medical benefits to an injured employee, finding the lower court failed to apply the correct evidentiary standard when issuing the order.
In Johnson v. Dollar General Corp., the board ruled that while trial courts may order medical or temporary disability benefits before a final hearing, they must first determine whether the employee is likely to prevail on the merits, as required under Tennessee workers compensation law.
Patricia Johnson, a Dollar General employee, suffered back and leg injuries in a workplace fall in September 2022. The employer accepted compensability and initially provided medical care. After Johnson relocated to Mississippi, disputes arose over authorization of additional treatment, including imaging, physical therapy and later surgery…