RHONDA KYLE v. VOLUNTEER HOME CARE OF WEST TENNESSEE, INC. - Articles

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Posted by: Tanja Trezise on Aug 11, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

P. Allen Phillips, Jackson, Tennessee, for the appellant, Volunteer Home Care of West Tennessee, Inc.

Attorneys 2:

Art D. Wells, Jackson, Tennessee, for the appellee, Rhonda Kyle.

Judge(s): DANIEL

An employee sustained a work-related injury to her back while working as a nursing assistant for her employer. The employee received medical care, returned to work, but experienced pain in performing her job. Two years later, the employee resigned, citing back pain related to her work. After an unsuccessful Benefit Review Conference, the employee filed an action for workers’ compensation benefits. The trial court determined that the employee did not make a meaningful return to work following her injury and awarded permanent partial disability benefits in excess of one and one-half times the employee’s anatomical impairment rating. The employer appealed, arguing that the trial court erred by concluding that the employee did not make a meaningful return to work. After a thorough review of the record, we affirm the judgment of the trial court.

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