All Content

Posted by: Tanja Trezise on Sep 22, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Charles L. Hicks, Camden, Tennessee, for the appellant, Phillip G. Hollis, Administrator Ad Litem of the Estate of Dannie Joyner.

Attorneys 2:

Stephen B. Morton, Nashville, Tennessee, and Steven M. Loewengart and Kevin E. Hess, Columbus, Ohio, for the appellees, Erachem Comilog, Inc. and Commerce & Industry Insurance Company.

Judge(s): CLARK

The plaintiff sought workers’ compensation benefits, alleging that he had developed diseases of the skin, lungs, and nervous system as a result of his exposure to nickel, cadmium, and manganese during his employment at a manufacturing facility owned by the defendant. The trial court found that the plaintiff had failed to prove by a preponderance of the evidence that his diseases were caused by exposure to these substances during his employment and entered judgment for the defendant. The plaintiff has appealed from the trial court’s decision. Pursuant to 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 affirm the judgment of the trial court.