Sears Roebuck and Co. ("Sears") petitioned the court for a writ of mandamus against the Jefferson Circuit Court's order compelling it to approve medical treatment for its ex-employee, Jeffrey Donaldson. The medical treatment had been recommended by Donaldson's authorized treating physician, yet Sears contended that it was uncertain if Donaldson's injuries qualified for compensation under the Alabama Workers' Compensation Act without an evidentiary hearing. Donaldson's claim stemmed from an alleged injury sustained while working for Sears, in which he injured his back.
In response to Donaldson's motion for Sears to provide the recommended medical treatment, Sears countered that an evidentiary hearing on the compensability of the injury was necessary. Sears referred to previous cases that established this protocol. The trial court had ordered Sears to approve the treatment without such a hearing. In response to this court action, Donaldson argued about the timeliness of Sears' response, but this argument was dismissed. The appellate court agreed with Sears, stating the trial court's order was improper without an evidentiary hearing, thereby directing the trial court to vacate its prior order.
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