CYNTHIA ELLIOTT v. THE GOODYEAR TIRE & RUBBER COMPANY - Articles

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Posted by: Amelia Ferrell Knisely on Apr 28, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

Kirk L. Moore, Union City, Tennessee, for the appellant, Goodyear Tire & Rubber Co.

Attorneys 2:

Jeffrey P. Boyd, Jackson, Tennessee, for the appellee, Cynthia Elliott.

Judge(s): RUSSELL

Cynthia Elliott (“Employee”) alleged that she sustained a compensable aggravation of her preexisting knee arthritis because of a fall that occurred in the course of her employment at Goodyear (“Employer”). Employer provided medical care for several months through its workers? compensation carrier1 but then denied the claim for right knee total replacement surgery as well as her claim for disability benefits, based on the opinion of the treating physician that the fall did not aggravate or advance the preexisting condition. Employee then had knee replacement surgery through her group healthcare insurance. The trial court received deposition testimony from three orthopaedic surgeons and medical records from several other doctors. It ruled that the fall at work had aggravated Employee?s arthritis and awarded benefits. Employer has appealed, contending that the evidence preponderates against the trial court?s finding of compensability. 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 the judgment.