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Posted by: Chandra Williams on Dec 10, 2015

Court: TN Workers Comp Appeals

Attorneys 1:

Timothy M. McLaughlin, Knoxville, Tennessee, for the appellant, Jimmy Segroves.

Attorneys 2:

Laurie C. Ball, Knoxville, Tennessee, for the appellees, Union Carbide Corporation, and Martin Marietta Energy System, Inc.

Judge(s): CANTRELL

An employee filed an action seeking workers’ compensation benefits for hearing loss and breathing problems in 2003. In 2005, the hearing loss claim was settled, and the breathing dysfunction claim was dismissed with prejudice. In 2011, the employee was diagnosed with asbestosis-related lung disease. He filed this action, seeking benefits for that condition. The trial court granted his employer’s motion for summary judgment, finding that the claim was barred by the 2005 settlement and judgment. The employee has appealed. 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 pursuant to Tennessee Supreme Court Rule 51. We reverse the judgment and remand the case to the trial court for further proceedings.