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Posted by: Landry Butler on Feb 20, 2018

Court: TN Workers Comp Appeals

Attorneys 1:

J. Anthony Arena, Brentwood, Tennessee, for the appellant, James Harrison.

Attorneys 2:

Jason A. Lee and Seth B. Wilson, Nashville, Tennessee, for the appellee, General Motors, LLC.

Herbert H. Slatery, III, Attorney General and Reporter, Alexander S. Rieger, Assistant Attorney General (on appeal), and Ronald McNutt, Assistant General Counsel (at trial), for the appellees, Abigail Hudgens, and Tennessee Department of Labor/Second Injury Fund.

Judge(s): ASH

James Harrison sustained a compensable injury to his right shoulder while employed by General Motors, LLC (“GM”). He filed a workers’ compensation claim contending he was permanently and totally disabled as a result of the injury. The Court of Workers’ Compensation Claims found he was not permanently and totally disabled and awarded permanent partial disability benefits in accordance with the statutory scheme. Tenn. Code Ann. § 50-6-207(3)(A) & (B) (2014 & 2017 Supp.) Mr. Harrison appeals contending the evidence preponderates against the finding he is not totally disabled. 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.