TWCA reviews findings of causation and compliance with the notice statute in worker's compensation case

KATHY MELISSA CANTRELL v. NISSAN NORTH AMERICA, INC., ET AL. (TWCA March 5, 2010)

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 trial court awarded workers' compensation benefits for gradual injuries to the employee's hands, arms, shoulders and left knee. On appeal, her employer asserts that the trial court erred by finding that she had complied with the notice statute, Tenn. Code Ann. section 50-6-201(b), and also by finding that she had sustained her burden of proof on the issue of causation.

We conclude that sufficient notice was given. In addition, we conclude that the evidence preponderates against the trial court's finding of a causal relationship between the employee's work and her left knee injury. We affirm the findings of causation concerning her other injuries.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/cantrellk_030510.pdf