Tennessee Workers’ Compensation Ruling: Employees Automatically Entitled to Second Surgical opinion
NASHVILLE, TN – A recent ruling by the Tennessee Workers’ Compensation Appeals Board has clarified employer obligations regarding second surgical opinions and the potential for attorney’s fee assessments in related litigation. The decision, documented in 2025 TN WC App. 57, reinforces employee rights and provides crucial guidance for Tennessee businesses.
The case stemmed from a violent incident where a psychiatric nurse practitioner was attacked by a patient in her employer’s parking lot, sustaining severe injuries including stab wounds to the abdomen, torso, arms, head, and face. Later diagnosed with post-traumatic stress disorder, the employee underwent multiple reconstructive surgeries. When her treating physician recommended further abdominal-wall reconstruction, a dispute arose regarding her request for a second medical opinion.
The Appeals Board affirmed a partial decision by a lower trial court, establishing a clear precedent: under Tennessee law, an employee is automatically entitled to a second opinion whenever an authorized treating physician recommends surgery.
This ruling directly rejects the argument put forth by the employer,which contended that the treating physician must explicitly order the second opinion for insurance authorization. The Board emphasized that the statute grants the decision-making power to the employee.
“The employee’s right to a second opinion examination is triggered when an authorized physician recommends surgery,” the Board stated. “The only prerequisite…is a surgical proposal from an authorized treating physician.”
The Board underscored the legislative intent behind this provision – to provide injured workers with an added layer of protection, recognizing the significant and invasive nature of surgical procedures.
Furthermore, the Board reversed the trial court’s previous denial of attorney’s fees. They found that the employer’s initial refusal to authorize the second opinion constituted a failure to provide legally required medical benefits, justifying the fee assessment.
Key Takeaways for Tennessee Employers:
* Automatic Second Opinion: Any recommendation for surgery from an authorized treating physician automatically triggers an employee’s right to a second opinion.
* No Ordering Requirement: The physician does not need to formally “order” the second opinion for it to be authorized.
* potential for Fees: Denying a legally mandated second opinion can result in the assessment of attorney’s fees.
This ruling serves as a critical reminder for Tennessee employers to proactively understand and adhere to workers’ compensation regulations, ensuring employees receive the medical care to which they are entitled.
