Tidra Corporation, in an appeal against the Lee Circuit Court's decision, sought redress over two specific orders. Dwayne Johnson, an employee who got injured in 2012 while driving a forklift, claimed workers' compensation benefits from Tidra. In 2016, Johnson asked the court to compel Tidra to provide him with eight physical therapy sessions based on a doctor's recommendation. Despite Tidra's objection stating the therapy was unrelated to the injury, the trial court approved Johnson's request. Additionally, without being prompted by either party, the court ordered Johnson to undergo a mental examination.
Tidra appealed this decision, focusing on the Rule 35(a), Ala. R. Civ. P, which allows a mental examination only upon a party's specific motion, and not through the court's own initiative as was done. The appellate court sided with Tidra, recognizing the trial court's overstep in ordering the mental examination without a motion. Furthermore, the court acknowledged that the trial court should have conducted an evidentiary hearing regarding the necessity of the prescribed medical treatment before granting it. Ultimately, the trial court's July 2016 order was deemed improper and was directed to be fully revoked.
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