In LeMaire v. Lowe’s Home Centers, the Tennessee Workers’ Compensation Appeals Board had to address whether a Workers’ Compensation claimant with open future medical rights is entitled to a new Workers’ Compensation physician after the claimant’s own behavior got her discharged by her physician’s office.
As discussed below, the Workers’ Compensation Insurance Carrier was required to provide the injured worker with a new panel of doctors.
In this appeal, the employer challenges the trial court’s decision ordering a new panel of physicians for the employee, Belinda LeMaire. LeMaire, employed by Lowe’s Home Centers, LLC, suffered a work-related injury on July 10, 2020, when a shelving unit fell on her right foot.
Following the injury, she was diagnosed with complex regional pain syndrome (CRPS), a condition that arose after treatment. Dr. Jeffrey Hazlewood, an authorized treating physician, assessed her as having reached maximum medical improvement in August 2021 and assigned her a four percent impairment rating.
Although LeMaire declined further treatment recommendations from Dr. Hazlewood, the Employer continued to authorize medical care through Dr. Hazlewood, as is required under the workers’ compensation guidelines.
LeMaire later sought a second opinion from Dr. H. James Weisman, who gave her a higher 20% impairment rating. This rating was significantly higher than Dr. Hazlewood’s assessment. During a compensation hearing in June 2023, LeMaire requested permanent disability benefits based on Dr. Weisman’s rating and also requested a new panel of physicians, citing her concerns with Dr. Hazlewood.
The court awarded partial disability benefits based on Dr. Weisman’s rating but declined to award additional benefits due to LeMaire’s termination for cause from her employer. However, the court denied her request for a new panel of physicians, concluding that Dr. Hazlewood remained willing and able to treat her.
Employer appealed the trial court’s decision, but later withdrew the appeal. In December 2023, LeMaire had a contentious visit with Dr. Hazlewood, where she reportedly questioned his integrity and expressed distrust toward medical professionals, even showing him a picture of Jesus Christ as her healer.
This confrontation led Dr. Hazlewood to discharge LeMaire from his practice, stating that he could no longer maintain the doctor-patient relationship. Despite this, LeMaire refused to sign the discharge letter. She later filed a request for mediation, seeking a new panel of physicians to address her work-related injury.
The trial court ruled in her favor, concluding that since Dr. Hazlewood had refused to continue treating her, she was entitled to a new panel of physicians. Employer appealed this decision again, asserting that the trial court’s ruling was erroneous and that LeMaire’s refusal to accept further treatment should bar her request for a new panel.
The court reviewed the trial court’s findings under the presumption that the factual findings were correct unless contrary evidence existed. The court also considered the application of statutory provisions that governed workers’ compensation benefits.
Employer raised three key issues on appeal: (1) whether LeMaire met the burden of proving that further medical treatment was necessary, (2) whether a new panel should be ordered after LeMaire had refused treatment, and (3) whether her behavior during the final appointment justified termination of her right to future medical benefits.
Employer contended that LeMaire’s refusal to accept further treatment should bar her request for a new panel. However, the court disagreed, noting that Dr. Hazlewood’s decision to discharge LeMaire was based on his professional judgment that the doctor-patient relationship was no longer viable.
Ultimately, the court affirmed the trial courts decision, determining that LeMaire was entitled to a new panel of physicians to treat her compensable injury. Despite her behavior during the final appointment, the court concluded that LeMaire remained entitled to reasonable and necessary medical benefits under the workers’ compensation law.
The employer’s appeal was denied, and the court’s order was certified as final.
Contact a Knoxville Workers’ Compensation Lawyer for Help with Your Claim
If you have been injured at work and are facing challenges with medical treatment or workers’ compensation benefits, contacting a Knoxville workers’ compensation lawyer can help you understand your rights and navigate the legal process. Get help with your claim from The Lawyers of Brown & Roberto.