PAUL V. PERMENTER v. BRIGGS AND STRATTON CORPORATION ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Sep 9, 2015

Court: TN Workers Comp Appeals

Attorneys 1:

Mark D. Johnston, Dyersburg, Tennessee, for the appellant, Paul V. Permenter.

Attorneys 2:

Charles R. Patrick and Lawrence W. White, Memphis, Tennessee, for the appellees, Briggs and Stratton Corporation and Liberty Insurance Corporation.

Judge(s): BRASFIELD

An employee alleged that he developed cubital tunnel syndrome and carpal tunnel syndrome as a result of his work activities. His employer provided medical treatment for the former condition but denied liability for both conditions at trial. The trial court found that the cubital tunnel syndrome was compensable but the carpal tunnel syndrome was not. It further found that Employee had a meaningful return to work, thus limiting his recovery to one and one- half times the anatomical impairment. The employee has appealed, asserting that the evidence preponderates against the trial court=s findings regarding his carpal tunnel syndrome and return to work. The employer contends that the evidence preponderates against the finding that the cubital tunnel syndrome was compensable. 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.

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