Court reviews whether physician's testimony is proper for the issue of causation of an injury

EXCEL POLYMERS, LLC v. RICHARD BROYLES (Tenn. January 11, 2010)

In this workers' compensation case, the issues presented are whether the trial court erred in admitting the opinion testimony of the employee's treating physician on the issue of causation, whether the evidence preponderates against the trial court's ruling that the employee met his burden of proof that he suffered a compensable occupational disease as defined by Tennessee Code Annotated section 50-6-301, and whether the trial court erred in its disposition of the motion and suggestion of death filed by the employee's widow after the trial. We affirm the judgment of the Special Workers' Compensation Appeals Panel and of the trial court and remand to the trial court for a determination of the employee's legal dependents and the amount of death benefits, if any, due to them under the applicable workers' compensation law.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC/2010/broylesr_011110.pdf