STEPHEN PARTILLA v. VELOCITY VENTURES, INC., ET AL. - Articles

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Posted by: Landry Butler on Nov 1, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Todd I. Heird, Knoxville, Tennessee, for the employer-appellant, Velocity Ventures, Inc.

Attorneys 2:

Jonathan Doolan, Knoxville, Tennessee, for the employee-appellee, Stephen Partilla.

Judge(s): HENSLEY

In this interlocutory appeal, the employer contests the trial court’s award of medical and temporary disability benefits following the employee’s alleged work-related lumbar injuries. The employee had a pre-existing lumbar condition for which he underwent two surgeries and for which he continued to take medication. The employee contends he subsequently suffered two work-related injuries in the course and scope of his work with the employer. He was examined by a physician he selected from a panel, who recommended and subsequently performed a lumbar fusion. Based on the report of an independent medical evaluation, the employer denied compensability of both injuries. Following an expedited hearing, the trial court determined the employee would likely prevail at a trial on the merits and awarded medical and temporary disability benefits. The employer has appealed. We affirm the trial court’s determination and remand the case.

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