The Alabama Workers' Compensation Act, specifically Section 25-5-77(a), allows an employee to choose a second physician from a panel of four, if dissatisfied with the employer-selected initial treating physician and if further treatment is necessary. Samuel Mitchell, an employee, filed a complaint against Meadwestvaco Corporation, his employer, Sedgwick Claims Management Services, and other unnamed defendants. The complaint arose from injuries sustained during work. Mitchell argued that Sedgwick intentionally denied him the opportunity to select from a "panel of four" physicians, as mandated by the Act.
After becoming discontent with his post-surgery treating physician, Mitchell had repeatedly requested this panel but was denied each time. He subsequently sought treatment from a private physician, incurring personal expenses. Mitchell sought a court order to determine that Sedgwick and his employer wrongfully denied him medical benefits and to authorize and pay for his chosen physician's services. Both Sedgwick and the employer defended their actions, suggesting compliance with the Act. The trial court initially ruled in Mitchell's favor. The employer then produced evidence challenging the necessity of further treatment. On January 14, 2015, the employer and Sedgwick appealed the trial court's decision. The appellate court found that the earlier order was not a final judgment fit for appeal and dismissed the appeal.
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