Ex parte IMERYS USA

Court of Civil Appeals of Alabama

Talladega County | 75 So. 3d 679 | May 6, 2011


The Authorized Treating Physician Makes the Referrals to Specialists in Workers' Compensation Cases

This case concerns a workers’ compensation claim by Charles Wilson against his employer, IMERYS USA. Wilson suffered from a work-related back injury in 2006. After several unsuccessful treatments for pain management, a clinician treating Wilson sought authorization to refer Wilson to another specialist for further evaluation.

IMERYS disputed the referral and moved to compel Wilson to attend an appointment with an earlier treating physician instead. The trial court denied IMERYS's motion and ordered IMERYS to authorize evaluation and treatment by the new doctor. IMERYS appealed this decision, and the appeal court agreed with IMERYS.

The court found that while a physician treating an employee can refer them to other physicians for additional treatment, this authorization does not permit the referred doctor to make further referrals outside of their specialty. Therefore, the court granted IMERYS's petition and ordered the trial court to revoke its previous order requiring IMERYS to accept treatment by the new specialist.

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