TWCA reviews whether an employee had a meaningful return to work an an award of temporary total disability benefits

DELTA FAUCET COMPANY v. JEFFREY NOLES (TWCA May 11, 2012)

An employee alleged that he sustained a work-related injury to his elbow and that his work aggravated his pre-existing carpal tunnel syndrome. His employer denied the claims, asserting that the employee’s elbow problem was related to a prior injury and that his carpal tunnel syndrome was not caused or worsened by his work. The trial court awarded benefits for both injuries.

The employer appealed, contending that the trial court erred in finding that the employee sustained a compensable injury to his elbow. The employer also contends that the trial court erred in finding that the employee’s carpal tunnel syndrome was compensable and that the employee gave proper notice of the carpal tunnel injury. The employer also appeals the trial court’s finding that the employee did not have a meaningful return to work, the award of temporary total disability benefits, and the amount of the award to the employee. We affirm the judgment of the trial court.

Opinion available at:
https://www.tba.org/sites/default/files/deltafaucet_051112_0.pdf

Dissenting opinion:
https://www.tba.org/sites/default/files/deltafaucet_DIS_051112_0.pdf

TWCA reviews whether employee's lung disease was aggravated by his exposure to smoke at work

GEORGE McGOWAN v. STATE OF TENNESSEE (TWCA February 16, 2012)



An employee was exposed to smoke as a result of a fire at his workplace. Testing revealed the presence of bullous emphysema, a dangerous condition caused by cigarette smoking. Surgery was required to treat that condition. The Claims Commission ruled that the smoke exposure at work had aggravated and advanced his preexisting lung disease and awarded permanent total disability benefits. The employer has appealed, contending that the evidence preponderates against the Commissioner's finding of causation. We agree and reverse the judgment.



Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2012/mcgowang_021612.pdf

Court reviews whether employee's injury was a work-related aggravation of a pre-existing injury and, thus, whether employer is liable

TAMMY L. LEE v. DURA OPERATING CORP., ET AL. (TWCA February 2, 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.

Tammy L. Lee ("Employee") alleges that she suffered an injury to her cervical spine while she was employed as a factory worker by Dura Operating Corporation ("Employer") . Employer denies that Employee's cervical spine injury was caused by her employment with Employer.

The trial court determined that Employee's cervical spine condition was a work-related aggravation of her pre-existing degenerative disc disease. The trial court awarded Employee temporary total benefits from November 8, 2007, to February 8, 2008. Finding that Employee had not been able to return to work, the trial court refused to apply the statutory cap and awarded Employee permanent partial disability benefits of 69% to the body as a whole, three times her anatomical impairment rating of 23% to the body as a whole. Finding that the evidence preponderates against the trial court's determination of causation, we reverse the trial court's judgment.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2012/leet_020112.pdf

TWCA Reviews Whether Employee's Injury was Compensable

STEVE MCBROOM v. NISSAN NORTH AMERICA, INC. ET AL. (TWCA May 10, 2011)

The employee alleged that he sustained a lower back injury as a result of his job. His employer denied the claim based upon findings by its work site medical staff. An evaluating physician opined that the employee's job had caused an aggravation of a pre-existing degenerative disc disease.

The trial court found that the employee had sustained a compensable injury and awarded benefits. The employer appealed, contending that the evidence preponderates against the trial court's finding. We affirm the judgment, but we decline the employee's request to find the appeal to be frivolous.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/mcbrooms_051011.pdf

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

Court Reviews an Insurance Policy to Determine Whether it is Liable for Unpaid Medical Expenses Related to Patient’s Pre-Existing Condition

WELLMONT HEALTH SYSTEM v. JOHN QUINTON QUALLS, ET AL. (Tenn. Ct. App. August 20, 2010)

Plaintiff hospital filed a lawsuit against defendant patient for unpaid medical expenses. Defendant patient filed a third party complaint against defendant insurance company alleging that the insurance company was responsible for the unpaid medical expenses pursuant to a health insurance policy. After a bench trial, the trial court concluded that the insurance contract was ambiguous and construed it against the defendant insurance company. Defendant insurance company appeals.

After reviewing the record and the health insurance policy, we conclude that the policy was not ambiguous and the insurance contract specifically excluded coverage of patient's pre-existing condition. Accordingly, we reverse.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/wellmont_082010.pdf

TWCA reviews whether an injury covered by workers' compensation necessitated later surgery that should be covered by the workers' compensation benefits

ARNOLD LYNN BOMAR v. HART & COOLEY FLEX DIVISION ET AL. (Tenn. SWCAP December 23, 2009)

Employee received an award of workers' compensation benefits for a 1994 injury that aggravated a pre-existing condition, Legg-Perthes disease. He received medical care for the condition thereafter through workers' compensation. In 2007, his treating physician recommended hip replacement surgery. The trial court found that the necessity for surgery was not caused by the original injury. Employee has appealed. We affirm the judgment.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2009/bomara_122309.pdf