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Posted by: Landry Butler on May 15, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Robert A. Wharton, Jr., Chattanooga, Tennessee, for the employee-appellant, Samuel Panzarella.

Attorneys 2:

Kristen C. Stevenson, Knoxville, Tennessee, for the employer-appellee,, Inc.

Judge(s): HENSLEY

Following a compensation hearing, the trial court entered an interlocutory order awarding temporary disability and medical benefits, and the employer appealed. We vacated the trial court’s order and remanded the case to the trial court with instructions to enter an order on the merits of the case. Upon remand, the trial court concluded the employee had not proven the compensability of his claim by a preponderance of the evidence because the authorized physician’s opinion was insufficient to satisfy the statutory requirements of Tennessee Code Annotated section 50-6-102(14) (2016). Employee has appealed, asserting the trial court erred in denying benefits and arguing he met his burden of establishing that his injury arose primarily out of his employment. We affirm the trial court’s decision, dismiss the employee’s claim, and certify the trial court’s order as final.