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Posted by: Tanja Trezise on Mar 17, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Jenny R. Ebersole-Foster and David E. Goudie, Nashville, Tennessee, for the appellants, United Cabinet Company, LLC and Builders Mutual Insurance.

Attorneys 2:

Jonathan Williams, Nashville, Tennessee, for the appellee, David DeGalliford.

Judge(s): LEE

In early 2012, an employee alleged that he suffered a gradual injury to his cervical spine due to strenuous repetitive tasks and heavy lifting required by his employment. He reported the injury to his employer, who denied the claim on the basis that the injury was not compensable under Tenn. Code Ann. § 50-6-102(12)(C)(ii) (Supp. 2011). This statute, which applies to injuries occurring after July 1, 2011, provides that “cumulative trauma conditions” do not include injuries resulting from repetitive work activities “unless such conditions arose primarily out of and in the course and scope of employment.” The employee’s treating physician testified that the employee’s repetitive tasks at work were the primary cause of his injury. Another doctor, however, who examined the employee’s medical records on behalf of his employer, testified that the employee’s injury was caused by a degenerative disc disease common in the aging process. The trial court ruled for the employee, and the employer appealed. In accordance with Tennessee Supreme Court Rule 51, 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. We hold that the trial court did not abuse its discretion when it relied on the testimony of the employee’s treating physician, who testified that the employee’s work activities were the primary cause of the employee’s injuries. Accordingly, we affirm the judgment of the trial court.