His second panel doctor recommended treatment – then took it back
A Tennessee court denied a FedEx worker's push for additional workers' comp benefits after doctors disconnected his worsening symptoms from a workplace back injury.
Judge Shaterra R. Marion of the Tennessee Court of Workers' Compensation Claims issued the ruling on April 17, 2026, finding that employee Dexter M. Elsberry was unlikely to succeed on the merits in his bid for further medical treatment and temporary disability benefits.
The case traces back to August 7, 2025, when Elsberry hurt his back while working at FedEx. Through the employer's panel process – a mechanism that gives injured workers a choice among pre-approved physicians – Elsberry selected Dr. James Escue. The diagnosis was a lumbar strain. Dr. Escue prescribed physical therapy and cleared Elsberry to return to work with restrictions. By the final visit, however, Dr. Escue noted that some of Elsberry's reported pain did not align with the diagnosis on file.
Over the following months, Elsberry sought care at two different hospitals. A month after the injury, a CT scan revealed mild degenerative disc disease and a disc bulge, and the treating doctor recommended Elsberry follow up with Dr. Escue. Six weeks after that, Elsberry visited another hospital with worsening back pain. An MRI showed a disc bulge but no acute abnormality. Despite Elsberry's request for back surgery, the doctor found no emergent indication requiring it.
FedEx then...
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