TAMARA SIMERLY v. CRETE CARRIER CORPORATION - Articles

All Content


Posted by: Tanja Trezise on Feb 18, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Andrew J. Hebar, Knoxville, Tennessee, for the appellant, Crete Carrier Corporation.

Attorneys 2:

John D. Drake, Murfreesboro, Tennessee, for the appellee, Tamara Simerly.

Judge(s): ANDERSON

Pursuant to Tennessee Supreme Court Rule 51, this 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. In this case the employee was an over-the-road truck driver attempting to make a delivery of refrigerated goods in Atlanta, Georgia. Because she was late, she was forced to wait 11 hours in her truck in high temperatures without air conditioning. She suffered a ruptured aneurysm as she exited the truck to complete the unloading process, which she alleged was caused by the high temperatures, anxiety, and emotional stress. Her employer denied the claim, and she filed suit for workers’ compensation benefits in Rutherford County, Tennessee. The trial court found that the ruptured aneurysm was caused by the stress of work conditions and awarded 65% permanent partial disability. The employer has appealed. We affirm the trial court’s judgment.

Attachments: