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Posted by: Landry Butler on Nov 1, 2017

Court: TN Workers Comp Appeals

Attorneys 1:

Jeffrey M. Cranford, Morristown, Tennessee, for the appellants, JBM, Incorporated, and Praetorian Insurance Company.

Attorneys 2:

Frank Q. Vettori and Gary M. Prince, Knoxville, Tennessee, for the appellee, Sheila Holbert.

Judge(s): ASH

Sheila Holbert filed this action seeking workers’ compensation benefits for the death of her husband, Dennis Holbert (“Decedent”). Ms. Holbert alleged Decedent died as a result of an inhalational exposure to dust in the course of his job for JBM, Incorporated (“Employer”). After hearing the evidence, the trial court ruled Ms. Holbert had sustained her burden of proof as to causation. It awarded death benefits and ordered Employer to pay Decedent’s medical expenses into the registry of the court. It further ruled medical expenses were governed by the Tennessee workers’ compensation schedule. Employer appeals, claiming the trial court erred in finding work-related causation and in ordering medical expenses to be paid into the treasury of the court. Ms. Holbert challenges application of the Tennessee medical payment schedule. The appeal has been referred to the Special Workers’ Compensation Appeals 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 in part, reverse in part, vacate in part, and remand the case to the trial court.