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Tenn. court orders employer to provide specialist care, rejects drug-use defense - 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 Subscribe 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 Subscribe 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 Subscribe 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 Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Tenn. court orders employer to provide specialist care, rejects drug-use defense by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Mar 23, 2026 A Tennessee workers compensation judge on Monday ordered a staffing company and its insurer to provide multiple specialist panels and reinstate benefits for a worker who suffered a severe crush injury, finding the employer’s drug defense unpersuasive. In Harris v. Express Employment Professionals , the Tennessee Court of Workers’ Compensation Claims granted the employee’s request for referrals to pulmonology, neurology and mental health providers, awarded attorney fees and referred the employer for potential penalties. The worker, a technician at a manufacturing facility, was injured in October 2025 when an automated crane pinned him against a dye tank, causing multiple rib fractures, respiratory issues and ongoing psychological symptoms. After the accident, an authorized provider referred the worker to several specialists. The employer accepted only an orthopedic referral and later denied the claim entirely, arguing the worker engaged in willful misconduct and that a positive post-accident drug test triggered a presumption that drug use caused the injury. The judge rejected those arguments, finding insufficient evidence that the worker knowingly violated a safety rule or understood any such rule. The court also found the employer failed to show it complied with requirements of Tennessee’s Drug-Free Workplace Program, meaning it was not entitled to a presumption that drug use caused the accident. Even without the presumption, the employer did not prove causation, the court said, crediting the worker’s testimony that he had consumed marijuana weeks earlier but was not impaired at the time of the injury. On medical benefits, the court emphasized that employers must timely provide panels when an authorized provider makes referrals. By honoring only one referral and ignoring others, the employer failed to meet its statutory obligations. The court ordered the employer to provide the requested specialist panels, resume temporary disability benefits and schedule follow-up care. It also allowed attorney fees at the interlocutory stage, citing the employer’s months-long delay in providing treatment, and referred the company to a compliance program for possible penalties. 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