Employer wins workers’ compensation fight but faces penalty over delayed specialist panel

A second physician, Dr. Case Sanders, placed Painter at maximum medical improvement in July 2025 during an independent medical evaluation. That date became important later. 

The compliance problem started in December 2025. Painter had returned to Dr. Yee complaining of groin and hip pain. After ordering a CT scan, Dr. Yee referred Painter to an orthopedic hip specialist, noting in an addendum that the likelihood of arthritis was increased due to the type of fracture related to the original work injury. Hollingshead did not offer a panel. In a March 2026 causation questionnaire, Dr. Yee added that the CT scan showed some avascular necrosis of the femoral head with mild resultant arthritis, related to the proximal femur fracture. 

Only after that did Hollingshead move. It first directed Painter back to Dr. Sanders – the same doctor who had performed his independent evaluation. Painter declined. In April 2026, the employer offered a panel. Painter picked Dr. Jason Rogers, but Rogers declined the case after reviewing the records. A revised panel followed, this time including Dr. Sanders, and Painter did not make a selection. He asked the court instead to order treatment with Dr. Mark Freeman. 

The court refused. Under Tennessee Code Annotated § 50-6-204(a)(3)(A)(ii), when a treating physician refers an employee to a specialist, the employer has three business days to either accept a designated physician or provide a panel. Because Dr. Yee made no specific referral and a panel had been offered, the court held Painter was not likely to prevail on his request for Dr. Freeman. 

The temporary disability claim failed for a different reason. Dr. Yee never took Painter off work and never assigned restrictions. The court held that weight bearing as tolerated is a self-limiting, subjective phrase and is not enough to support temporary partial disability. The July 2025 maximum medical improvement finding also cut off entitlement under Tenn. Code Ann. § 50-6-207(2)(A).