EDWARD RICHARDS v. KIEWIT POWER CONSTRUCTORS COMPANY, ET AL. - Articles

All Content


Posted by: Landry Butler on Dec 9, 2016

Court: TN Workers Comp Appeals Board

Attorneys 1:

Mary Dee Allen, Cookeville, Tennessee, for the employer-appellant, Kiewit Power Constructors Company.

Attorneys 2:

Edward Richards, Candler, North Carolina, employee-appellee, pro se.

Judge(s): DAVIDSON

The employee in this interlocutory appeal suffered multiple hernias in the course and scope of his employment while working for the employer as an electrician. The employer provided medical and temporary disability benefits. After going to work for another employer, the employee experienced a recurrent hernia that he asserted was causally related to the prior hernias. The employer denied the claim on the basis that the recurrent hernia was caused by an intervening event and that the last injurious exposure rule should place liability for that injury on the subsequent employer. The trial court ruled that the recurrent hernia was the direct and natural consequence of the first injury and ordered the employer to provide medical benefits. The trial court denied the employee’s request for temporary disability benefits. The employer has appealed. We affirm the trial court’s decision and remand the case.

Attachments: