Jason Sanker v. Nacarato Trucks, Inc., et al. - Articles

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Posted by: Chandra Williams on Jul 6, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Alex B. Morrison, Knoxville, Tennessee, for the employer-appellant, Nacarato Trucks, Inc.

Attorneys 2:

Marshall McClarnon, Goodlettsville, Tennessee, for the employee-appellee, Jason Sanker

Judge(s): CONNER

In this interlocutory appeal, the employee reported a work injury that he claimed aggravated a prior work-related lumbar spine condition. The authorized treating physician recommended a lumbar fusion and testified that the surgery was medically appropriate in light of two prior discectomies at the same level of the spine. The employer's current insurer asserted that the employee's lumbar spine condition did not arise primarily out of the most recent work injury and that the insurer for the employee's prior work injury should be responsible for the fusion surgery. Following an expedited hearing, the trial court determined that the employee suffered a compensable aggravation of his pre-existing condition and that the most recent insurer was responsible for all reasonable and necessary medical treatment. Having carefully reviewed the record, we affirm the trial court's decision and remand the case for any further proceedings that may be necessary