Sally A. Lurz v. International Paper Company, et al. - Articles

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Posted by: Landry Butler on Feb 14, 2018

Court: TN Workers Comp Appeals Board

Attorneys 1:

Mary C. DeCamp, Chattanooga, Tennessee, and J. Matt Drake, Knoxville, Tennessee, for the employer-appellant, International Paper Company.

Attorneys 2:

Jeffrey C. Taylor, Morristown, Tennessee, for the employee-appellee, Sally A. Lurz.

Judge(s): CONNER

The employee, a machine operator, reported a fall while working on a production line, resulting in pain and other symptoms in her right shoulder and right knee. The employer initially provided a panel of physicians, but later denied the claim, relying on video evidence from security cameras inside the facility suggesting that the employee was “guarding” her right upper extremity prior to the alleged work accident and, therefore, must have injured her shoulder outside of work. Following a review of the video evidence, the authorized treating physician acknowledged that it “raised questions about the causality of her injury,” but, despite these misgivings, he opined that the work accident was, more likely than not, primarily responsible for the shoulder injury and the need for medical treatment. Following a compensation hearing, the trial court determined the employee’s claim was compensable and awarded temporary disability benefits, permanent disability benefits, and medical benefits. The employer has appealed. We affirm the decision of the trial court and certify the order as final.

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