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Posted by: Landry Butler on Sep 29, 2017

Court: TN Workers Comp Appeals

Attorneys 1:

David J. Deming and Laurenn S. Disspayne, Nashville, Tennessee, for the appellant, Alliance Healthcare Services.

Attorneys 2:

Stephen F. Libby, Memphis, Tennessee, for the appellee, Angela Evans.

Judge(s): PAGE

Angela Evans (“Employee”) was employed by Alliance Healthcare Services (“Employer”) as a bus driver. On December 16, 2009, she witnessed the shooting of a coworker by a patient. She received mental health care through workers’ compensation. She did not return to work for Employer or any other entity. After exhausting the Benefit Review process, she filed this action in the Chancery Court for Shelby County, alleging that she was permanently and totally disabled by Post-Traumatic Stress Disorder (“PTSD”) caused by witnessing the shooting. Employer acknowledged the incident but asserted that Employee’s continuing mental health problems were caused by other events and stressors. Employer further asserted that Employee was not permanently and totally disabled. The trial court held that Employee was permanently and totally disabled and that the December 16, 2009 incident was the cause of her disability. Benefits were awarded accordingly. Employer has timely appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel (“Panel”) for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.