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Posted by: Stacey Shrader Joslin on Aug 19, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

Jason A. Lee and Megan Carrick, Nashville, Tennessee, for the appellant, General Motors LLC.

Attorneys 2:

Jonathan Williams and Larry R. Williams, Nashville, Tennessee, for the appellee, Anniedene Waters.

Judge(s): COTTRELL

An employee sought workers’ compensation benefits, alleging the advancement of the osteoarthritis in her right knee was primarily caused by her employment, and therefore, her employer was liable for medical treatment and disability benefits. The employer denied that the employee sustained a compensable work-related injury under Tennessee Code Annotated section 50-6-102(12)(C)(ii) (Supp. 2011), because the pre-existing osteoarthritis did not arise “primarily out of and in the course and scope of employment.” The trial court concluded that the employee sustained a compensable injury and awarded temporary and permanent partial disability benefits. The employer has appealed, challenging the trial court’s application of Tennessee Code Annotated section 50-6-102(12)(C)(ii). 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 trial court’s judgment.