RUSSELL E. DOWNING, II v. DAY & ZIMMERMAN NPS, INC., ET AL. - Articles

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Posted by: Tanja Trezise on Mar 26, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

Raymond S. Leathers, Nashville, Tennessee, for the appellants, Day & Zimmerman NPS, Inc. and Zurich American Insurance Company.

Attorneys 2:

Charles L. Hicks, Camden, Tennessee, for the appellee, Russell E. Downing, II.

Martha A. Campbell, Deputy Attorney General, Nashville, Tennessee, for the appellee, Abigail Hudgens, Administrator of the Second Injury Fund.

Judge(s): CANTRELL

An employee suffered multiple injuries in a work-related accident in November 2006 when a fan located in a boiler in which he was working suddenly deployed, causing him to lose his footing and fall. After providing medical treatment, the employer denied the employee’s claim for workers’ compensation benefits, and the employee sought additional medical treatment. The trial court found the claim to be compensable and awarded the employee permanent total disability benefits. The trial court imposed no liability on the Second Injury Fund. We affirm the trial court’s judgment.

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