Ex Parte Travel Centers of America

Court of Civil Appeals of Alabama

Tuscaloosa County | 258 So. 3d 1143 | Feb. 2, 2018


Court Dismisses Employer's Petition Seeking to Avoid Providing Panel of Physicians for Work-Related Injury

Travel Centers of America, Inc. ("the employer"), sought a mandamus writ from the court, requesting it to overturn a previous order from the Tuscaloosa Circuit Court. This prior order compelled the employer to offer a panel of four physicians to Patricia Oddo ("the employee") to choose from, for treating her alleged work-related back injury. Oddo had earlier filed a complaint for workers' compensation benefits, claiming a work-related injury while at Gattman Park, owned by the City. The employer argued that the injury wasn't caused by work and was due to pre-existing conditions.

In June 2017, the employer filed a motion seeking clarity on whether they had to provide a panel of physicians, arguing that the employee's injury was not linked to her job and was only a temporary aggravation of a prior back issue. The trial court denied the employer's motion in August 2017. The employee, feeling the employer was not complying, filed a contempt motion, which the trial court construed as a "motion to compel." The court ordered the employer to provide the panel within three weeks.

The employer then appealed, claiming the trial court was mistaken in its order without first determining the validity of the employee's injury. However, the court found that the employer's petition for the mandamus writ wasn't filed in a timely manner, hence they couldn't consider the issue. As a result, the petition was dismissed.

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