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Posted by: Tanja Trezise on Aug 20, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Lee Ann Murray, Nashville, Tennessee, for the appellant, A.O. Smith Corporation.

Attorneys 2:

Peter M. Olson, Clarksville, Tennessee, for the appellee, Jerry Simons.

Judge(s): COX

An employee alleged he injured his back on two occasions during late 2008. His employer initially accepted the second claim as compensable, but then denied the claim after receiving records from the employee’s primary care physician. The Department of Labor and Workforce Development denied the employee’s Request for Assistance. This civil action was subsequently filed in the Chancery Court for Montgomery County. That court awarded workers’ compensation benefits to the employee. The employer has appealed, contending that the evidence preponderates against the trial court’s findings concerning causation and permanency. 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.