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Posted by: Landry Butler on Jan 24, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

William E. Phillips, Rogersville, Tennessee, for the employee-appellant, William M. Russell, Jr.

Attorneys 2:

Fredrick R. Baker, Cookeville, Tennessee, for the employer-appellee, Futuristic, Inc.

Judge(s): CONNER

In this interlocutory appeal, the employee contends the trial court erred in denying his request for benefits for a hernia that he alleges resulted from heavy lifting he performed in the course and scope of his work for the employer. The employer denied the claim, asserting the employee had not presented evidence sufficient to establish that he suffered a compensable hernia or that he provided proper notice of his alleged work injury. At the employee’s request and without objection from the employer, the trial court rendered a decision on the record without convening an evidentiary hearing. It determined the employee had presented insufficient proof to establish he will likely succeed on the merits of his claim at trial and denied the employee’s request for temporary disability and medical benefits. The employee has appealed. We affirm the trial court’s decision and remand the case for further proceedings as may be necessary.