DEBORAH L. BAIN v. UTI INTEGRATED LOGISTICS LLC, ET AL. - Articles

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DEBORAH L. BAIN v. UTI INTEGRATED LOGISTICS LLC, ET AL.

Posted by: Karen Belcher on Oct 17, 2019

Court: TN Workers Comp Appeals

Attorneys 1:

Jeffrey A. Garrety and Charles L. Holliday, Jackson, Tennessee, for the appellant, Deborah Bain.

Attorneys 2:

Alex B. Morrison and Ryan C. Edens, Knoxville, Tennessee, for the appellees, UTI Integrated Logistics LLC and New Hampshire Insurance Company.

Judge(s): ACREE

Deborah Bain (“Employee”) worked for UTI Integrated Logistics LLC (“Employer”) as a shuttle truck driver. She sustained a compensable injury to her right shoulder and right wrist in August 2010 and entered into a settlement agreement with Employer. After returning to work, she suffered an injury to her left shoulder in January 2013. The trial court found that Employee is not permanently and totally disabled, that the 1.5 times cap applies for purposes of both reconsideration of the August 2010 injury and assessment of the January 2013 injury, that she has a 6% medical impairment rating for the January 2013 injury, and that Employer is not responsible for expenses related to treatment she sought on her own. Employee has appealed these rulings. Employer has appealed the trial court’s award of further temporary total disability benefits. The 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment.

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