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Posted by: Tanja Trezise on Mar 5, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

Steve Taylor, Memphis, Tennessee, for the appellant, Billy Hill.

Attorneys 2:

Ronald L. Harper and M. Dean Norris, Memphis, Tennessee, for the appellees, Hutcherson Metals, Inc. and Wausau Underwriters Insurance Company.

Robert E. Cooper, Jr., Attorney General & Reporter; William E. Young, Solicitor General; Alexander S. Rieger, Assistant Attorney General, for the appellee, Tennessee Department of Labor and Workforce Development, Second Injury Fund.

Judge(s): CANTRELL

A crane struck a large metal container, pushing a door on the container into an employee and causing an injury to the employee’s back. The employee filed a claim for workers’ compensation benefits. The trial court entered a judgment finding that the employee’s inability to work and depression were caused by a preexisting condition that was unrelated to his work-related injury and that the employee sustained a 21% permanent partial disability for the injuries to his lumbar spine. The employee has appealed, contending that the trial court erred by finding that his pre-existing condition was not aggravated by his work injury. The employer contends that the trial court erred by finding that the employee is permanently disabled as a result of his injury.