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Employee Fails to Provide Medical Proof to Entitle Her to Additional Medical Care: Workers’ Compensation Appeals Board Summary, Kine Gueye v. Federal Express Corporation

Employee Fails to Provide Medical Proof to Entitle Her to Additional Medical Care: Workers’ Compensation Appeals Board Summary, Kine Gueye v. Federal Express Corporation

March 15, 2017

By Courtney S. Paterson

Kine Gueye v. Federal Express Corporation                       

Docket No. 2016-08-0701

State File No. 29588-2015

Filed March 10, 2017

Posture

This is a case before the Appeals Board on interlocutory appeal filed by the employee, and the dispute was whether the employer should be required to provide the employee medical benefits.

The employee, Ms. Gueye, alleged she sustained injuries resulting from her employment with her employer when, on April 9, 2015, several boxes came down a conveyor belt at the same time and caused her to fall backward. She reported an injury to her low back, and the same was accepted as compensable. She received authorized treatment from Dr. Arsen Manugian. Dr. Manugian noted that he had long discussions with Ms. Gueye regarding her ongoing complaints as preexisting spondylolisthesis, released her to return to work with no restrictions and placed her at maximum medical improvement on June 25, 2015.

The trial court conducted an evidentiary hearing, after which it concluded that Ms. Gueye failed to provide medical proof that she was entitled to additional medical care and thus established  she was unlikely to prevail at trial. She appealed, and the appeals board affirmed the trial court’s decision.

 

An associate with Spicer Rudstrom since 2009, Courtney focuses her practice on automobile liability, insurance coverage litigation, insurance defense litigation, insurance subrogation, premises liability, products liability and workers’ compensation. She is admitted to practice in all trial and appellate state courts in Tennessee, as well as the U.S. District Court for the Middle District of Tennessee.

 

 

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