Tenn. board vacates Dollar General’s order for more medical treatment - Business Insurance

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Tenn. board vacates Dollar General’s order for more medical treatment - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Tenn. board vacates Dollar General’s order for more medical treatment by Louise Esola Workers Comp Coverage , Workplace Safety Feb 9, 2026 The Tennessee Workers’ Compensation Appeals Board on Thursday vacated and remanded a trial court order requiring Dollar General to provide additional medical benefits to an injured employee, finding the lower court failed to apply the correct evidentiary standard when issuing the order. In Johnson v. Dollar General Corp., the board ruled that while trial courts may order medical or temporary disability benefits before a final hearing, they must first determine whether the employee is likely to prevail on the merits, as required under Tennessee workers compensation law. Patricia Johnson, a Dollar General employee, suffered back and leg injuries in a workplace fall in September 2022. The employer accepted compensability and initially provided medical care. After Johnson relocated to Mississippi, disputes arose over authorization of additional treatment, including imaging, physical therapy and later surgery. Following repeated delays and multiple motions, Ms. Johnson filed a motion in October 2025 seeking to compel authorization of a lumbar MRI and physical therapy ordered by her treating neurosurgeon. The Court of Workers’ Compensation Claims granted the motion after a telephonic hearing, ordered Dollar General to provide the treatment, and referred the matter to the Bureau’s compliance program for possible penalties. Dollar General appealed, arguing that the court improperly ordered benefits at what it characterized as a status or motion hearing, failed to give adequate notice, and mischaracterized the medical evidence. The employer also challenged the referral to the compliance program. The Appeals Board rejected Dollar General’s procedural notice arguments, finding the employer understood the purpose of the hearing and argued the merits. However, the panel concluded the trial court erred by ordering benefits without expressly determining that the employee was likely to prevail at a hearing on the merits, as required for interlocutory relief. “The form of the pleading does not alter the employee’s burden of proof,” the board said, emphasizing that motions to compel or other interlocutory requests seeking benefits must still satisfy statutory expedited-hearing standards. 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