DAVID D. LAWRENCE v. MIDWESTERN INSURANCE ALLIANCE - Articles

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Posted by: Tanja Trezise on Mar 19, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

T. Joseph Lynch, Knoxville, Tennessee, for the appellant, Midwestern Insurance Alliance.

Attorneys 2:

Mark E. Floyd, Knoxville, Tennessee, for the appellee, David D. Lawrence.

Judge(s): DANIEL

The employee alleged that his pre-existing heart failure was permanently worsened by an accidental inhalation of cement dust on the job. The workers’ compensation insurer for the employer asserted that the worsening of the heart failure was a natural progression of the condition and that the inhalation event had no permanent effect on the employee. Cardiologists testified in support of each side’s theory. The trial court found for the employee and awarded permanent total disability benefits. The insurer has appealed that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel, pursuant to Tennessee Supreme Court Rule 51, for a hearing and a report of findings of fact and conclusions of law. We affirm the judgment of the trial court.

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