Clarence Bass v. The Home Depot U.S.A., Inc., et al. - Articles

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Clarence Bass v. The Home Depot U.S.A., Inc., et al.

Posted by: Tanja Trezise on May 26, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Carolina V. Martin, Nashville, Tennessee, for the employee-appellant, Clarence Bass

Attorneys 2:

Kenneth D. Veit, Nashville, Tennessee, for the employer-appellee, The Home Depot U.S.A., Inc.

Judge(s): DAVIDSON

The employee, a parking lot associate, injured his wrist collecting shopping carts in his employer’s parking lot. An authorized treating physician opined that the employee needed surgery, but that the surgery was related to a pre-existing arthritic condition rather than the event at work. Following a trial, the trial court found the employee had presented insufficient proof to rebut the presumption of correctness afforded the authorized physician’s opinion and denied the claim. The employee has appealed, challenging the trial court’s finding that he failed to establish that his need for surgery and resulting disability were causally related to his work. We affirm the trial court’s decision, dismiss the case, and certify the trial court’s order as final.

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