In Ex parte Sears Roebuck and Co., 27 ALW 20-6
(2170632), 5/11/2018, the employee, Jeffrey Donaldson, (“Donaldson”), filed a
Complaint for workers’ compensation benefits against his employer, Sears
Roebuck and Co. (“Sears”) alleging that he suffered a compensable injury to his
back while repairing an air-ventilation unit in 2016.
Donaldson received authorized treatment for his claimed
injuries from Dr. Resit Cezaryirli, including a spinal surgery in November
2015, but Donaldson continued to complain of radiating pain in his lower back
and lower extremities. Dr. Cezaryirli
ordered further testing and an “LSO” brace, and Sears denied responsibility for
this treatment arguing that Donaldson was suffering from a preexisting or
subsequent injury. Accordingly, Donaldson
filed a Motion to Compel with the trial court requesting that the trial court order
Sears to provide medical treatment.
A hearing on Donaldson’s Motion was set for February 26,
2018 during which the trial court heard arguments but did not receive any
evidence. On March 5, 2018, the trial
court granted Donaldson’s Motion and Sears filed a writ of mandamus which was
granted.
In deciding this issue, the Court of Civil Appeals noted
that an evidentiary hearing must be held on the issue of compensability before
directing medical treatment, and that because the trial court failed to hold an
evidentiary hearing on this issue, the trial court’s order granting Donaldson’s
Motion to Compel must be vacated and the petition for writ of mandamus was due
to be granted.
