RANDALL S. ROGERS v. THYSSENKRUPP WAUPACA, INC. ET AL. - Articles

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Posted by: Tanja Trezise on Apr 17, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

Catheryne L. Grant, Nashville, Tennessee, for the appellants, ThyssenKrupp Waupaca, Inc. and Sentry Insurance Company.

Attorneys 2:

Bert Bates, Cleveland, Tennessee, for the appellee, Randall S. Rogers.

Judge(s): BLACKWOOD

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 report of findings of fact and conclusion of law. The Employee alleged that he sustained a gradual injury to his back in 2007 as a result of his work as a maintenance technician. His employer denied that a compensable injury had occurred and denied that employee had provided timely notice. The trial court found the Employee had sustained a compensable injury and that timely notice had been given. The trial court also found that the Employee had been terminated for cause and limited the award to one and one-half times the anatomical impairment. The Employer has appealed, asserting that the evidence preponderates against the trial court’s finding on compensability. We reverse the judgment of the trial court.

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