Ronald D. Gray had a dispute with Everest National Insurance Company regarding the continuation of his medical benefits and the need for a new panel of physicians. Everest filed a petition for a writ of mandamus, awaiting the Jefferson Circuit Court to withdraw its previous order compelling Everest to provide Ronald with a panel of four physicians according to § 25-5-77(a), Ala.Code.1975.
However, Everest's claim that it had previously provided Gray with a panel of physicians was not backed with satisfactory evidence. The Court identified a lack of clear evidence whether Gray sought this panel due to the requirement of additional surgery and dissatisfaction with Dr. Craddock's services, or he wanted a new panel for the conduct of different medical treatment. Everest failed to overcome the presumption in favor of the trial court's decision due to insufficient evidence. Therefore, the Court denied Everest's petition because it failed to demonstrate a clear legal right to a writ of mandamus.
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