Friday, March 11, 2011

TWCA Reviews Whether an Employee’s Work-Related Injury Advanced His Pre-Existing Back Condition

WILLIAM DAVID MORGAN v. GOODYEAR TIRE & RUBBER COMPANY ET AL. (TWCA March 11, 2011)

In this workers' compensation appeal, the employee alleged a work-related incident aggravated a pre-existing back condition and that he required surgery as a result of the injury. His employer denied the claim, contending that the surgery was for treatment of a pre-existing condition and that the work related incident did not advance the pre-existing condition. The trial court found for the employee and awarded 20% permanent partial disability benefits. The employer appealed. We affirm the judgment.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/morganw_031111.pdf

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