By Judge Shaterra R. Marion, Memphis

Back in February 2024, I wrote a blog post entitled “Primer on Enforcing/Defending Against Open Medicals.” I explained how we saw more and more post-judgment disputes and briefly reviewed the standards of proof and other concerns regarding those cases.

I’m back again to answer all your questions! I’ll try, anyway.

To recap the scenario: An order is entered in a case awarding lifetime future medical benefits. Specific medical treatment is later denied, and the employee asks the Court to order the employer to provide the treatment.

Question: Should the employee file a motion to enforce the order or a petition for benefit determination?

Either works! We’re so accommodating.

Tennessee Compilation Rules and Regulations 0800-02-24.02(1) (2023) states: “Whenever a judge has issued [a] . . . final order in a workers’ compensation claim and a party has failed to comply with that order, the party seeking enforcement of the order may file a motion to compel with the court requesting that the court enforce the order.”

Meanwhile, Tennessee Code Annotated section 50-6-204(g)(2)(A) (2025) states: “If an employer does not provide medical care and treatment, medical services or medical benefits, or both, that an employee contends should be provided as a result of a judgment or decree entered by a workers’ compensation judge following a workers’ compensation trial or as a result of a workers’ compensation settlement agreement, either the employee or the employer, or the attorney for the employee or employer, shall request the assistance of a workers’ compensation mediator to determine whether such medical care and treatment, medical services or medical benefits, or both, are appropriate by filing a petition for benefit determination and participating in alternative dispute resolution[.]”

So, that means we’ll accept either a motion to enforce the order or a petition for benefit determination.

What happens next will be the same for either: the Clerk will immediately assign the case to a judge, who will hold a status hearing to discuss next steps. This means that even if a petition is filed, the parties will have a status before possibly going through mediation.

Question: What’s the standard of proof, and what’s admissible, post-judgment?

The previous blog post explained that the employee’s standard of proof for medical benefits requested post-settlement or post-judgment is preponderance of the evidence. This remains true, whether a motion or a petition is filed.

The previous blog post also noted that medical proof will need to be offered by a C-32 or deposition transcript, unless the parties agree to the admissibility of records and causation letters standing alone. This also remains true, whether it’s a motion or a petition.

Question: What if the issue, post-judgment, isn’t medical causation but instead is the reasonable necessity of proposed treatment? A C-32 doesn’t ask about that.

Great question! The answer is, IDK; I can’t give an advisory opinion. One of the judges will issue a decision. If a party appeals, we’ll just have to wait for appellate guidance. Possibly a rule change will resolve the question. Those take time.

Question: What about attorney fees?

I knew you’d ask about that. Since I wrote the last blog post, the Appeals Board released a highly instructive opinion on the topic, McCool v. Professional Care Services.

The Board reminded that section 50-6-226(d)(1)(A) states, in relevant part, that a judge may award reasonable fees and costs when the employer “[f]ails to furnish appropriate medical . . . treatment or care . . . provided for in a settlement . . . or judgment under this chapter[.]” This subsection “requires no qualitative analysis,” and the court isn’t called upon to determine whether an employer’s actions were “unreasonable.” The Board wrote, “Employer either provided the medical benefits as described in the court-approved settlement agreement, or it did not.”

So, the stakes can be high in these cases, for both sides.

Question: What’s a reasonable hourly rate?

Again, read McCool. It answers that question to some extent. Every case is different!

Question: Can I cite to this blog?

Nope. Please don’t.

I hope you’ve enjoyed this recap and further explanation. I’ll be back if/when future developments offer more instruction.