In Ex parte
Trusswalk, Inc., No. 2180266, 2019 WL 1415997 (Ala. Civ. App.), the Alabama
Court of Civil Appeals reviewed a trial court’s order directing an employer to
provide pain management treatment for a workers’ compensation claimant.
In Trusswalk,
an employee filed a lawsuit against his employer alleging a lower back injury
resulting from a work-related accident. The
employee sought benefits under the Alabama Workers’ Compensation Act. During the litigation, the employee filed a
“Motion to Compel Medical Treatment” asserting that he suffered from chronic
pain to his lower back as a result of his injury, that the authorized treating
physician was not treating the pain, and that he had been denied a referral to
pain management treatment. In his
motion, the employee requested that the trial court direct the employer to
provide appropriate medical treatment.
After oral argument,
the trial court entered an order finding that the employee was in “chronic
moderate severe to severe pain…due to…his medical condition from the
work-related accident” and directed the employer to refer the employee to a
pain management specialist. The employer
filed a writ of mandamus with the Alabama Court of Civil Appeals.
The Court of Civil
Appeals heard oral arguments from the parties, which included the employer’s
argument that the trial court abused its discretion when directing the employer
to refer the employee to pain management absent a recommendation by an
authorized physician. Moreover, the
employer argued that there was no medical record or medical opinion before the trial
court to support the allegation that pain management was necessary.
On
March 29, 2019, the Alabama Court of Civil Appeals granted the employer’s writ
of mandamus petition and entered an Order directing the trial court to vacate
its order. The Court held that the
medical records before the court did not contain sufficient information to determine
specialized treatment was reasonably necessary and that, “In the absence of
such information, the determination that the employee requires pain-management
treatment would have to be made by a medical expert.”
