MARY HOVATTER v. JDAK, LLC, ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on Jan 4, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

Alex B. Morrison, Knoxville, Tennessee, for the appellants, JDAK, LLC, and United Wisconsin Insurance Company.

Attorneys 2:

Lee Borthick, Springfield, Tennessee, for the appellee, Mary Hovatter.

Judge(s): ASH

An employee developed carpal tunnel syndrome. Her employer provided medical treatment until the authorized treating physician opined the condition did not arise primarily from her work. The employer then denied the claim. At trial, the employee presented the testimony of an evaluating physician who opined her work was the primary cause of the condition. The trial court found the employee had successfully rebutted the opinion of the authorized treating physician, as required by Tennessee Code Annotated section 50-6-102(12)(C)(ii). It further found the condition arose primarily from her employment, as required by section 50- 6-102(12)(A)(ii) and awarded benefits. The employer appeals. 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 affirm.