THOMAS GILBERT v. UNITED PARCEL SERVICE, ET AL. - Articles

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THOMAS GILBERT v. UNITED PARCEL SERVICE, ET AL.

Posted by: Stacey Shrader Joslin on Aug 24, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Constance Mann, Franklin, Tennessee, for the employee-appellant, Thomas Gilbert.

Attorneys 2:

David Hooper, Nashville, Tennessee, for the employer-appellee, United Parcel Service.

Judge(s): HENSLEY

The employee appeals the trial court’s interlocutory order denying temporary disability benefits and its determination not to assess penalties. The employee suffered a compensable traumatic left knee injury in 2011. The claim was resolved and a court approved settlement provided the employee future medical treatment for the injury. The employee alleges suffering a new work-related cumulative trauma injury to his left knee, for which he seeks medical benefits, temporary disability benefits, and penalties. The parties disagreed whether the most recent complaints are causally related to the employment and, if they are, whether a new cumulative trauma injury occurred. Following an expedited hearing, the trial court determined the employee presented sufficient evidence that he is likely to succeed in establishing at a trial on the merits that he suffered a new injury. However, the trial court denied temporary disability benefits and declined the employee’s request to impose penalties, finding that the employee did not present sufficient evidence that he is entitled to temporary disability benefits and did not satisfy the criteria for any applicable penalties to be imposed on the employer. The employee has appealed. After a careful review of the record, we affirm the trial court’s decision and remand the case for further proceedings as may be necessary.

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