Frederick Russell v. Aluma-Form, Inc.
Case Details
- Judge(s)
- Senior Judge Robert E. Lee Davies
- Status — whether other courts must follow this ruling
- Unknown
- Procedural Posture — the stage the case had reached
- Appeal to Special Workers' Compensation Appeals Panel; affirmed on appeal
Related Laws
No specific laws identified for this ruling.
Outcome
Employee Frederick Russell prevailed in workers' compensation claim, with the court affirming that his workplace shoulder and neck injury was compensable, employer was liable for all medical expenses including unauthorized treatment, and he was entitled to permanent partial disability and temporary total disability benefits.
Excerpt
Employee Frederick Russell was working for Employer Aluma-Forrn, Inc. in January 2018 when he sustained an injury to his left shoulder and neck. He reported the injury and received treatment from an orthopedic specialist whose conservative approach to his case included an MRI, an EMG, physical therapy, and referrals to a neurosurgeon and a pain management specialist. Though Employee reported continued pain despite these efforts, his medical providers opined that they could find no objective basis for his reported syrnptoms and believed them unrelated to his work injury. Employee later sought treatment from a different, unauthorized orthopedic specialist who performed surgeiy on his shoulder and thereby discovered and repaired a previously undiagnosed torn labrum. Employee sought compensation, and after considering the proof, the Court of Workers' Compensation Claims held that Employee had established that his injury was caused by his workplace incident, that Ernployer was liable for his medical expenses including those incurred for unauthorized treatrnent, and that Employee was entitled to both permanent partial disability benefits and temporary total disability benefits. Employer appealed, arguing that the trial court erred on all three issues. The appeal has been referred to the Special Workers' Compensation Appeals Panel for consideration and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Appellant Derinda Carr challenges the trial court's finding her neck injury did not arise primarily "out of and in the course and scope of' her employment. 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 agree with the trial court and affirm the judgment.
Bethany Shelton ("Employee") filed a petition for benefit determination against Hobbs Enterprises, LLC ("Employer") alleging an injury to her right shoulder suffered in a work- related accident on August 26, 2017. She sought temporary total, permanent partial, and continued medical benefits. Following the issuance of a dispute certification notice, Employer moved for summary judgment on the basis the only medical testimony, from the Employee's treating orthopedic surgeon, Dr. Sean Kaminsky, was insufficient as a matter of law to establish causation. The Court of Workers' Compensation Claims (the "trial court") denied the motion and denied Employer's motion to reconsider. Employer sought an expedited appeal before the Workers' Compensation Appeals Board, but then sought and was granted a dismissal of that appeal. A trial was held, after which the trial court denied Employee's claim on the ground she had failed to meet her burden to establish her right shoulder injury arose primarily out of and in the course and scope of her employment with Employer. Employee filed a motion to reconsider, which the trial court denied. She appealed directly to the Supreme Court. 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 of the Court of Workers' Compensation Claims.
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