SHERILYNE D. DUTY V. EAST TENNESSEE CHILDREN’S HOSPITAL ASSOCIATION, INC. - Articles

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Posted by: Landry Butler on Apr 20, 2018

Court: TN Workers Comp Appeals

Attorneys 1:

Sam G. Smith, Jr., Knoxville, Tennessee, for the appellant, Sherilyne D. Duty.

Attorneys 2:

Edward U. Babb, Knoxville, Tennessee, for the appellee, East Tennessee Children’s Hospital Association, Inc.

Judge(s): ASH

Sherilyne Duty (“Employee”) was employed by East Tennessee Children’s Hospital (“Employer”) as a unit secretary. On March 22, 2006, she was assaulted by a visitor in the waiting area of the pediatric intensive care unit (“PICU”). She sustained an injury to her eye and developed post-traumatic stress disorder (“PTSD”) as a result of the incident. A settlement was reached as to all aspects of her workers’ compensation except the issue of temporary total disability. The settlement was approved by the Department of Labor, and Employee then brought this action seeking temporary disability benefits from July 2007 until November 2015. Employer contended Employee was not entitled to benefits because she was able to work and because she had been terminated for cause. The trial court denied the claim, finding Employee’s medical proof was not credible. Employee appeals, contending the evidence preponderates against the trial court’s decision. 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.

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