All Content

Posted by: Landry Butler on Oct 20, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

J. Scott Hickman, Nashville, Tennessee, for the employer-appellant, Western Plastics.

Attorneys 2:

Justin Lee, Madisonville, Kentucky, employee-appellee, pro se.

Judge(s): DAVIDSON

In this interlocutory appeal, the employer challenges the trial court’s findings that the employee’s recurrent shoulder dislocations and need for surgery were causally related to a compensable work injury. The employee suffered a shoulder dislocation at work, which the employer accepted as compensable and for which it provided medical care, including surgery. Subsequently, the employee suffered multiple dislocations of the same shoulder while away from the workplace. The trial court ruled there was sufficient evidence to establish the employee was likely to prevail at trial in establishing the subsequent dislocations were causally related to the workplace injury and ordered medical benefits, including surgery recommended by the employee’s authorized treating physician. The employer has appealed, arguing that (1) the evidence is insufficient to link the recurrent shoulder dislocations to the original work injury, and (2) the recurrent dislocations were due to intervening events, specifically the employee’s intentional and/or negligent conduct. We affirm the trial court’s decision and remand the case.