Schopp v. Matlock

AHRENS, Judge.

In this court-tried case, defendants appeal the trial court’s denial of a motion to dismiss for lack of subject matter jurisdiction.1 We vacate the judgment of the trial court and remand with instructions to dismiss the action.

Plaintiff Dr. M.E. Sehopp provided chiropractic treatment to Dennis Greenlee. Mr. Greenlee, an employee of defendant Duke’s Plastering Service (“employer”), claimed to have been injured in an accident at work on July 24, 1989. As a precursor to providing treatment, plaintiff had Mr. Greenlee (“employee”) give his employer an “Authorization for Treatment”…