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Posted by: Amelia Ferrell Knisely on Jan 4, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

W. Stuart Scott, Nashville, Tennessee, for the appellant, Great West Casualty Company.

Attorneys 2:

Owen R. Lipscomb, Brentwood, Tennessee, for the appellee, Liberty Insurance Corporation.

Judge(s): BIVINS

Johnny Braden (“Employee”) suffered a compensable injury to his right elbow in April 2005 while working for M&W Transportation (“Employer”). Within six months of returning to work, Employee began experiencing pain in his right shoulder and numbness in his hand. He received treatment over the next two years and eventually was assigned a seven percent (7%) partial permanent disability rating. Three different insurance companies covered Employer during the time of Employee’s treatment. Each insurer disclaimed liability for the eventual disability. The trial court found the disability to be a direct and natural consequence of the original injury and assigned liability to the first insurer. The insurer appealed, asserting that liability for the shoulder and hand conditions should be assigned to the subsequent insurers based on the “last day worked rule.” 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.