HORACE WADE THOMAS v. ZIPP EXPRESS, ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Aug 2, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

B. Duane Willis, Nashville, Tennessee, for the employer-appellant, Zipp Express.

Attorneys 2:

Horace Wade Thomas, Lebanon, Tennessee, employee-appellee, pro se.

Judge(s): HENSLEY

In this interlocutory appeal, the employee alleges he was injured in a fall after experiencing an episode of syncope due to sleep deprivation resulting from his job duties. The employer denied the claim, asserting the fall was idiopathic and that there was insufficient medical evidence to establish a causal relationship between the syncopal episode and the employment. Following an expedited hearing, the trial court ordered the employer to provide a panel of physicians from which the employee could select a physician for evaluation and treatment of any work-related injuries, but denied the employee's request for temporary disability benefits and payment of medical expenses already incurred. The employer has appealed. Having carefully reviewed the record, we affirm the trial court's decision and remand the case for further proceedings as may be necessary.

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