Wednesday, August 18, 2010

TWCA Reviews Whether Employee Met The Burden of Proof to Satisfy her Claim

BRENDA M. McGHEE v. HOLLAND GROUP OF TENNESSEE, INC. (TWCA August 18, 2010)

The Employee filed a workers' compensation claim against her Employer for back pain resulting from the aggravation and advancement of her degenerative disc disease, which she claimed had occurred from her injury while working on a brake line assembly. The trial court found that the Employee had not carried her burden of proof, and the Employee appealed.

Because the evidence does not preponderate against the findings of fact made by the trial court, the Special Workers' Compensation Appeals Panel, sitting in accordance with Tennessee Code Annotated section 50-6-225(e)(3) and Tennessee Supreme Court Rule 51, affirms the judgment.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/mcgheeb_081810.pdf

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