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Posted by: Tanja Trezise on Aug 15, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

William Troy Hart and Kristen C. Stevenson (on appeal), and Daniel W. Starnes (at trial), Knoxville, Tennessee, for the appellants, ACE-American Insurance and Sedgwick Claims Management Services, Inc.

Attorneys 2:

J. David Miller, Kingsport, Tennessee, for the appellee, Karen R. Woods.

Judge(s): ANDERSON

The employee fell at work and suffered a lower back injury. She received medical treatment, including two back surgeries, over a period of years. The trial court awarded permanent disability benefits based on the employee’s back injury and a bladder and bowel dysfunction that developed during her subsequent treatment. Her employer’s insurer has appealed, asserting that the trial court erred by adopting one medical expert’s disability rating over another, by finding that the bladder and bowel dysfunction was caused by the work-related injury, and by awarding benefits in excess of the one and one-half times impairment cap because the employee voluntarily resigned. 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 in accordance with Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.