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Posted by: Tanja Trezise on Jan 14, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Courtney R. Smith, Nashville, Tennessee, for the appellants, Aramark and Indemnity Insurance of North America.

Attorneys 2:

Mandy Preston Parl, Nashville, Tennessee, for the appellee, Jeremy Nix.

Judge(s): ASH

An employee alleged he suffered a compensable injury to his lower back. His employer disputed a compensable injury occurred. In the alternative, the employer asserted any award of permanent disability benefits should be limited to one and onehalf times the medical impairment because the employee had been terminated for misconduct. The trial court found employee had sustained a compensable injury and did not have a meaningful return to work. It awarded 42% permanent partial disability (“PPD”), six times the medical impairment. The employer has appealed, asserting the evidence preponderates against the trial court’s findings. The employer also contends the award was excessive and the trial court erred by denying its motion to stay a portion of the judgment requiring payment of certain medical expenses. The 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.