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Daughters of Charity v. Boyd5/2/2000
as Hospital, for discretionary costs.
Discretionary costs are governed by Rule 54.04 (2) Tenn. R. Civ. P.
The appellant, Saint Thomas Hospital, had treated the appellee's, (Ms. Boyd) injury as a compensable injury from the date it occurred, October 31, 1995, until March 5, 1997, when Saint Thomas filed suit denying that Ms. Boyd's claims was compensable, and filed a Notice of Termination of Compensation Benefits. Also, the next day, the previously authorized physicians were informed that no further medical treatment of any kind would be authorized for Ms. Boyd under the Hospital's Workers' Compensation Program.
Considering all the facts and circumstances of this case, we feel that the trial judge was justified in awarding discretionary costs to the employee, Ms. Boyd.
Appellate courts are generally disinclined to interfere with a trial court's decision in assessing costs unless there is a clear abuse of discretion. Perdue v. Green Branch Mining Co., 837 S.W.2d 56 (Tenn. 1992).
Since the employee was the prevailing party in this suit, it would have been improper for the trial court to have awarded discretionary costs to the employer, Saint Thomas Hospital.
The fifth issue, fairly stated, questions the entitlement of the employee, Ms. Boyd, to reimbursement of medical expenses related to her treatment by Dr. Timothy Persse and the physicians at the Vanderbilt Pain Clinic.
After treating Ms. Boyd's injury as a compensable injury for some sixteen months, the employer informed the previously authorized physicians that they would authorize no further medical treatment for Ms. Boyd.
Whether an employee is justified in seeking additional medical services to be paid by the employer without consulting the employer, depends upon the circumstances of each case Buchanan v. Mission, Inc. Co., 713 S.W.2d 654 (Tenn. 1986).
Under the circumstances of this case, the employee, Ms. Boyd, was justified in seeking additional medical treatment at the expense of her employer.
We affirm the judgment of the trial court. Costs are taxed to the appellant, Saint Thomas Hospital.
James L. Weatherford, Senior Judge
CONCUR:
Adolpho A. Birch, Jr., Associate Justice
Hamilton V. Gayden, Jr., Special Judge
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