Colby Furniture Company v. Overton

Court of Civil Appeals of Alabama

Marion County | 299 So. 3d 259 | Jan. 17, 2020


Employer's Appeal Denied Over Continued Medical Benefits for Injured Employee

In 1994, an employee suffered a neck injury while on the job and later settled with her employer, which included ongoing medical benefits. Over the years, she had several physicians, with Dr. Laura Gray being the most recent until 2015. That year, the employer questioned, via a motion, whether the employee still necessitated additional medical care. By 2016, the employer claimed the employee had both used up her right to pick a doctor from the provided panel and had breached a narcotics agreement with Dr. Gray.

Contrarily, in 2017, the court ruled the employee retained the right to choose a new physician from an employer-offered panel. Between 2017 and 2019, multiple physicians from the panels provided by the employer refused to treat the employee after reviewing her records. This led the employer to seek further guidance on the process.

In 2019, post-hearing, the court directed the employer to either present another physician panel or negotiate a closure of the medicals with the employee. Dissatisfied, the employer filed a motion to amend the judgment, which was denied, prompting an appeal. The appellate court upheld the trial court's decision. It emphasized that the employer did not challenge the 2017 ruling and rejected the employer's invocation of the clean-hands doctrine. Moreover, the appellate court disregarded the claim regarding unnecessary medical treatment due to its absence at the trial level and deemed the lack of explicit findings in the 2019 judgment irrelevant.

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