TWCA reviews whether an employee was eligible for benefits in spite of his being a poor witness

TETON TRANSPORTATION, INC. v. TODD WHITE (TWCA February 7, 2012)

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 employee alleged that he injured his back at work. His employer denied the claim.

While the trial court found that the employee was not a credible witness, it found that he had sustained a compensable injury based upon the testimony of an independent lay witness and the treating physician. The trial court awarded 78% permanent partial disability benefits. The employer has appealed, asserting that the evidence preponderates against the trial court's finding of compensability. We affirm the judgment.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2012/teton_020712.pdf