LWDN Quick Flash ~ Aug 2010
Three LWDN Cases featured in Tennessee Bar Association newsletter
Below are Workers’ Comp Appeal opinions that were featured in TBA’s
“TBA Today” e-newsletter on July 28, 2010.
VICKY L. BENSON v. OLD REPUBLIC INSURANCE COMPANY, ET AL.
Court: TWCA
Attorneys:
Eugene B. Dixon, Maryville, Tennessee, for the appellant, Vicky L. Benson.
Joshua A. Wolfe, (LWDN attorney) Knoxville, Tennessee, for the appellees, Old Republic Insurance Company and New Gray Cemetery.
Judge: BLACKWOOD
Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Vicky Benson ("Employee") developed bilateral carpal tunnel syndrome in 2002, as a result of her work for New Gray Cemetery ("Employer"). Her claim was accepted. She had surgery on her right arm in 2004 and returned to work. After her return, she was terminated for reasons not related to her injury. She continued to receive conservative medical treatment from time to time. She found new employment in 2006. In September 2007, her treating physician recommended surgery for her left arm. Employer denied the claim, contending that her subsequent employer was liable for the condition and its effects. The trial court ruled that Employee's condition had been worsened by her later employment, and dismissed the claim. On appeal, Employee contends that the evidence preponderates against the trial court's finding. We affirm the judgment.
http://www.tba2.org/tba_files/TSC_WCP/2010/bensonv_072810.pdf
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WENDY BLAIR v. WYNDHAM VACATION OWNERSHIP, INC.
Court: TWCA
Attorneys:
Christopher Brown and Adam Russell, (LWDN Attorneys) Knoxville, Tennessee, for the appellant, Wyndham Vacation Ownership.
George R. Garrison, Sevierville, Tennessee, for the appellee, Wendy Blair.
Judge: BELL
Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Wendy Blair ("Employee") sustained injuries as a result of a fall which occurred in the course of her work as a sales agent for Wyndham Vacation Ownership ("Employer"). The trial court found that she suffered permanent injuries to her neck and lower back due to the fall and that she had not made a meaningful return to work. The trial court awarded Employee 78% permanent partial disability ("PPD") benefits to the body as a whole. Employer has appealed from that judgment. We conclude that the trial court erred in its finding that Employee did not have a meaningful return to work. Consequently, we modify the judgment to award 19.5% PPD to the body as a whole.
http://www.tba2.org/tba_files/TSC_WCP/2010/blairw_072810.pdf
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TRANSPORT SERVICE, LLC v. DONALD ALLEN
Court: TWCA
Attorneys:
Meredith B. Weaver, (LWDN Attorney) Knoxville, Tennessee, for the appellant Transport Service, LLC.
Anthony A. Seaton and Mary M. Renfroe, Johnson City, Tennessee, for the appellee Donald Allen.
Judge: LEE
Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee alleged a compensable injury to his right shoulder and a compensable mental injury. His employer denied that the alleged mental injury was compensable. The trial court found both injuries to be compensable and awarded 50% permanent partial disability to the body as a whole. On appeal, the employer contends that the trial court erred by awarding benefits for the mental injury and by finding that the employee did not have a meaningful return to work. The employee contends that the trial court erred by accepting the impairment rating of the Medical Impairment Rating Registry physician and in the trial court's application of the concurrent injury rule. We conclude that the evidence preponderates against the trial court's finding that the employee sustained a compensable mental injury and modify the judgment accordingly.
http://www.tba2.org/tba_files/TSC_WCP/2010/transportservice_072810.pdf
