TONEY R. GONZALES v. J. W. CARELL ENTERPRISES, LLC d/b/a CAREALL HOME CARE SERVICES-KNOXVILLE/McMINNVILLE ET AL. - Articles

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Posted by: Tanja Trezise on Dec 17, 2014

Court: TN Workers Comp Appeals

Attorneys 1:

Steve Erdely, IV, Knoxville, Tennessee, for the appellant, Toney R. Gonzales.

Attorneys 2:

Lee Anne Murray, Nashville, Tennessee, for the appellee, J. W. Carell Enterprises, LLC d/b/a CareAll Home Care Services-Knoxville/McMinnville.

Judge(s): LEE

In this workers’ compensation action, the employee alleged that he suffered a compensable injury to his lower back. The trial court ruled for the employer, finding that the employee was not a credible witness and had failed to carry his burden of proof. The employee appealed to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. At issue in this appeal is whether the trial court abused its discretion by admitting into evidence records from the employee’s Social Security Disability proceedings and whether the evidence preponderates against the trial court’s decision that the employee failed to sustain his burden of proof. After a careful review, we find no error and affirm the trial court’s decision.

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