PetSmart ordered to authorize injured worker’s neck surgery: Court

The Tennessee Court of Workers’ Compensation Claims on Monday ordered PetSmart Inc. and its insurer to authorize neck surgery for a worker who says she herniated a cervical disc in June 2022.

Destiny Dyer sought surgery for her injury, which she said took place when a large dog whose nails she was trimming as part of her job as a groomer jerked its paw and caused her to lose her balance and become injured.  

Ms. Dyer initially declined medical attention but later requested to see a doctor for shoulder and arm pain. PetSmart accepted the shoulder and arm injury as compensable, but an MRI scan later showed a herniated neck disc.

PetSmart denied the neck surgery because of questions over causation and because Ms. Dyer didn’t reveal the neck injury earlier.  

In ordering the company to authorize surgery, the court found Ms. Dyer is likely to prevail at trial showing she gave timely notice of her accident and that the disc herniation arose out of her employment.