TWCA affirms lower court ruling that employee did not sustain his burden of proof

WALTER WIGGINS, JR. v. DAL-TILE CORPORATION (Tenn. SWCAP, May 28, 2009)

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee sought benefits for a right shoulder injury, which occurred after he had ceased working for Employer. He contended that his employment had caused a weakening of the structures of his shoulder, which contributed to his eventual injury. The trial court ruled that he did not sustain his burden of proof and entered judgment for Employer. On appeal, Employee asserts that the trial court erred in its ruling. We affirm the judgment.

The full text of this opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TSC_WCP/2009/wigginsw_052809.pdf