U.S. FOODSERVICE, INC. v. JOHN S. MEREDITH, JR. - Articles

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Posted by: Tanja Trezise on Aug 16, 2012

Court: TN Workers Comp Appeals

Attorneys 1:

Thomas H. O’Neal, Jeffrey D. Boehm, Chattanooga, Tennessee, for the appellant, John S. Meredith, Jr.

Attorneys 2:

Laurel C. Ball and Joshua A. Wolfe, Knoxville, Tennessee, for the appellee, U.S. Foodservice, Inc.

Judge(s): FRIERSON

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. In this workers’ compensation case, the employee experienced chest pain while at home in bed. He testified that he contacted his employer to be excused from work but was told he would lose his employment if he did not come to work. He reported for work and completed a full day of job responsibilities. Two days later, it was determined that he had suffered an acute myocardial infarction. A cardiologist testified that fifty percent of the damage caused by the heart attack was secondary to the delay in medical treatment. The employee sought workers’ compensation benefits, contending that the instruction to report to work substantially worsened his injury. The trial court denied benefits, and the employee has appealed. We affirm the judgment.